Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 11:00 A.M., the hour to which it stood adjourned, and was called to order by the PRESIDENT.
A quorum being present, the proceedings were opened with a devotion by the Chaplain as follows:
Beloved, with a Memorial Day weekend looming before us, hear a word from the Epistle to the Hebrews, Chapter 12:1:
"Therefore, since we are surrounded by so great a cloud of witnesses, let us also lay aside every weight, and the sin that clings so closely, and let us run with perseverance the race that is set before us... "
Let us pray.
Father, help us to succeed in our efforts to rebuild the country of Iraq so that it may be a unified land in an area of conflicting cultures. We are learning that we cannot shoot or bomb our way into the hearts of people. Help us to make our own democratic system in America more attractive in the world.
Some of us feel that the best way to achieve all this is by obeying the call of a man named Jesus when He said: "Follow Me!"
Amen.
At 11:11 A.M., on motion of Senator HAYES, the Senate receded from business not to exceed thirty minutes.
At 11:41 A.M., the Senate resumed.
The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.
The following was received:
Document No. 2882
Agency: Department of Consumer Affairs
SUBJECT: Prescription Drug Discount Cards
Received by Lieutenant Governor February 3, 2004
Referred to Banking and Insurance Committee
120 Day Period Tolled
Senator GIESE introduced Dr. Leo Walker of Columbia, S.C., Doctor of the Day.
On motion of Senator MOORE at 11:15 A.M. Senator DRUMMOND was granted a leave of absence for today.
At 12:30 P.M., Senator MATTHEWS requested a leave of absence beginning at 4 :00 P.M. today and lasting until noon on Tuesday.
At 1:00 P.M., Senator WALDREP requested a leave of absence beginning at 4:00 P.M. for the balance of the day.
At 2:50 P.M., Senator RANKIN requested a leave of absence from 6:00 - 8:00 P.M. on Tuesday, June 1, 2004.
At 3:30 P.M., Senator McGILL requested a leave of absence from 4:00 - 11:00 P.M. tonight.
At 3:30 P.M., Senator GLOVER requested a leave of absence from 5:00 - 11:00 P.M. tonight.
Senator LEVENTIS rose for an Expression of Personal Interest.
Senator WALDREP rose for an Expression of Personal Interest.
Senator HUTTO rose for an Expression of Personal Interest.
Senator KNOTTS rose for an Expression of Personal Interest.
At 1:10 P.M., Senator WALDREP assumed the Chair.
Senator BRANTON rose for an Expression of Personal Interest.
Senator RYBERG rose for an Expression of Personal Interest.
At 1:27 P.M., the PRESIDENT assumed the Chair.
At 1:50 P.M., on motion of Senator LEATHERMAN, the Senate receded from business not to exceed thirty minutes.
At 2:48 P.M., the Senate resumed.
H. 4721 (Word version) -- Reps. Edge and Jennings: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 15-75-45 SO AS TO PROVIDE FOR PUNITIVE DAMAGES WHEN A PERSON, WITH INTENT TO AVOID PAYMENT FOR A SERVICE RENDERED, KNOWINGLY SECURES PERFORMANCE OF THE SERVICE BY DECEPTION, THREAT, OR FALSE TOKEN OR BY AGREEING TO PROVIDE COMPENSATION AND FAILING TO MAKE PAYMENT AFTER RECEIVING A DEMAND FOR PAYMENT, TO PROVIDE FOR THE ELEMENTS OF THEFT OF SERVICE, TO DEFINE "SERVICES", AND TO PROVIDE FOR A DEFENSE.
Senator WALDREP asked unanimous consent to make a motion to recall the Bill from the Committee on Judiciary.
There was no objection.
The Bill was recalled from the committee.
Senator WALDREP asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
Senator WALDREP explained the Bill.
Senator WALDREP, asked unanimous consent to give the Bill a second reading with notice of general amendments.
There was no objection.
The Bill was read the second time with notice of general amendments and ordered placed on the third reading Calendar for consideration on the next legislative day.
H. 5094 (Word version) -- Rep. Edge: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 61-6-1555 SO AS TO ALLOW AN AIRLINE COMPANY TO PURCHASE BEER, WINE, AND ALCOHOLIC LIQUOR DIRECTLY FROM A LICENSED WHOLESALER, TO PROVIDE THAT THE WHOLESALER MAY SELL AND DELIVER THE BEER, WINE, AND ALCOHOLIC LIQUOR TO AN AIRLINE COMPANY, AND TO PROVIDE A PENALTY IF A PERSON USES BEER, WINE, OR ALCOHOLIC LIQUOR PURCHASED PURSUANT TO THIS SECTION FOR ANOTHER PURPOSE OTHER THAN THE SALE OR USE BY THE AIRLINE COMPANY.
Senator ALEXANDER asked unanimous consent to make a motion to recall the Bill from the Committee on Judiciary.
There was no objection.
The Bill was recalled from the Committee and ordered placed on the Calendar for consideration on the next legislative day.
H. 4354 (Word version) -- Reps. Hagood, Littlejohn, Young, Chellis, Lourie, R. Brown and Miller: A BILL TO ENACT THE "SOUTH CAROLINA INFRASTRUCTURE PRIORITY INVESTMENT ACT OF 2003" BY AMENDING SECTION 6-29-510, CODE OF LAWS
Senator KNOTTS asked unanimous consent to remove his name from the minority report on the Bill.
There was no objection.
The following were introduced:
S. 1279 (Word version) -- Senator McGill: A CONCURRENT RESOLUTION TO RECOGNIZE MINGO VERNON M. TANNER, CHIEF OF THE CHALOKLOWA CHICKASAW INDIAN PEOPLE OF INDIANTOWN, SOUTH CAROLINA, FOR HIS SIGNIFICANT CONTRIBUTIONS TO THE DEVELOPMENT OF THE STATE RECOGNITION OF NATIVE AMERICAN INDIAN ENTITIES REGULATION, AND TO CONGRATULATE HIM ON HIS APPOINTMENT AS THE FIRST NATIVE AMERICAN INDIAN COMMISSIONER TO THE SOUTH CAROLINA COMMISSION FOR MINORITY AFFAIRS.
l:\council\bills\ggs\22747htc04.doc
The Concurrent Resolution was adopted, ordered sent to the House.
H. 5358 (Word version) -- Reps. Bailey, Chellis, Harrell and Young: A BILL TO AMEND ACT 1627 OF 1972, RELATING TO THE DORCHESTER COUNTY VOCATIONAL EDUCATION BOARD OF TRUSTEES, SO AS TO PROVIDE FOR THE APPOINTMENT OF THE NINE MEMBERS OF THE BOARD AND PROVIDE THAT A MEMBER OF A SCHOOL BOARD OF TRUSTEES MAY NOT SERVE ON THE VOCATIONAL EDUCATION BOARD.
Read the first time and ordered placed on the Local and Uncontested Calendar.
H. 5384 (Word version) -- Reps. Whitmire and Sandifer: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF UNITED STATES HIGHWAY 76 IN OCONEE COUNTY FROM THE VILLAGE OF
The Concurrent Resolution was introduced and referred to the Committee on Transportation.
H. 5389 (Word version) -- Reps. Miller, Breeland, Altman, Mack, Scarborough and Whipper: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE PORTION OF UNITED STATES HIGHWAY 17 IN CHARLESTON COUNTY BETWEEN DOAR ROAD AND SEEWEE ROAD THE "WILLIAM H. ALSTON HIGHWAY" AND PLACE APPROPRIATE MARKERS OR SIGNS ALONG THIS PORTION OF HIGHWAY THAT CONTAIN THE WORDS "WILLIAM H. ALSTON HIGHWAY".
The Concurrent Resolution was introduced and referred to the Committee on Transportation.
H. 5391 (Word version) -- Reps. Davenport and W. D. Smith: A CONCURRENT RESOLUTION TO RECOGNIZE AND HONOR ROGER MILLIKEN FOR HIS CONTRIBUTIONS TO THE GREENVILLE-SPARTANBURG INTERNATIONAL AIRPORT AND TO REQUEST THAT THE GREENVILLE-SPARTANBURG AIRPORT COMMISSION NAME THE AIRFIELD LOCATED AT THE GREENVILLE-SPARTANBURG INTERNATIONAL AIRPORT, "ROGER MILLIKEN FIELD".
The Concurrent Resolution was introduced and referred to the Committee on Transportation.
Senator THOMAS from the Committee on Banking and Insurance submitted a favorable with amendment report on:
S. 1069 (Word version) -- Senator Alexander: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 64 TO TITLE 38 SO AS TO ENACT THE VIATICAL AND LIFE SETTLEMENTS ACT, TO PROVIDE FOR THE PROTECTION OF CONTRACTUAL AND PROPERTY RIGHTS OF A LIFE INSURANCE POLICY OWNER TO SEEK A SETTLEMENT, TO ESTABLISH CONSUMER PROTECTIONS BY PROVIDING FOR
Ordered for consideration tomorrow.
Senator GIESE from the Committee on Education submitted a majority favorable with amendment and Senators ANDERSON and PATTERSON a minority unfavorable report on:
H. 5080 (Word version) -- Reps. W.D. Smith, Wilkins, Loftis, Harrell, Cato, Chellis, Clemmons, Edge, Frye, Herbkersman, Leach, Owens, Perry, Rice, Richardson, Sandifer, Simrill, F.N. Smith, G.R. Smith, J.R. Smith, Stewart, Talley, Townsend, Tripp, Vaughn, White, Witherspoon and Altman: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 46, CAROLINA PUBLIC SCHOOL DISTRICT, TO TITLE 59; TO PROVIDE FOR THE CREATION OF A CAROLINA PUBLIC SCHOOL DISTRICT, ITS GOVERNANCE, AND ITS POWERS AND DUTIES; AND TO PROVIDE FOR THE MANNER IN WHICH A CHARTER SCHOOL SPONSORED BY THE CAROLINA PUBLIC SCHOOL DISTRICT MUST BE FORMED, FUNDED, REGULATED, AND GOVERNED.
Ordered for consideration tomorrow.
Columbia, S.C., May 25, 2004
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4767 (Word version) -- Reps. J.E. Smith, Harrison, Scott and Whipper: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 7-5-175 SO AS TO REQUIRE THAT THE BOARD OF VOTER REGISTRATION IN EACH COUNTY PROVIDE VOTER REGISTRATION APPLICATION FORMS IN EACH HIGH SCHOOL IN THE COUNTY FOR USE BY STUDENTS WHO ATTAIN THE AGE OF EIGHTEEN.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 27, 2004
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4481 (Word version) -- Reps. Ceips, Harvin, Altman, G.M. Smith, Vaughn, Weeks, Clark, Gilham, Walker, Duncan, Coates, Stille, Bailey, Haskins, Richardson, Mahaffey, Lourie, Loftis, Lloyd, Leach, Keegan, Hinson, Herbkersman, Young, Wilkins, Umphlett, Snow, J.E. Smith, Skelton, Scarborough, Sandifer, Rivers, M.A. Pitts, Harrell, Edge, Cotty, G. Brown, Chellis, J. Brown and Cato: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 79 IN TITLE 2, ENACTING THE SOUTH CAROLINA MILITARY PREPAREDNESS AND ENHANCEMENT ACT SO AS TO ESTABLISH AND PROVIDE FOR THE MEMBERSHIP, POWER, AND DUTIES OF THE SOUTH CAROLINA MILITARY PREPAREDNESS AND ENHANCEMENT COMMISSION, FOR THE PURPOSE OF ENHANCING THE VALUE OF MILITARY FACILITIES LOCATED IN THIS STATE AND ASSISTING DEFENSE COMMUNITIES WITH SUCH VALUE ENHANCEMENT, TO ESTABLISH THE SOUTH CAROLINA MILITARY VALUE REVOLVING LOAN ACCOUNT TO PROVIDE LOANS TO ASSIST DEFENSE COMMUNITIES TO ENHANCE THE VALUE OF MILITARY FACILITIES, AND TO PROVIDE FOR OTHER METHODS AND INCENTIVES TO ACCOMPLISH THESE PURPOSES, INCLUDING SALE OR LEASE OF STATE PROPERTY AND DISCOUNTED UTILITY RATES, AND TO AMEND THE 1976 CODE BY ADDING CHAPTER 53 IN TITLE 11, ENACTING THE SOUTH CAROLINA MILITARY VALUE ENHANCEMENT BOND ACT, SO AS TO AUTHORIZE TWENTY-FIVE MILLION DOLLARS IN STATE GENERAL OBLIGATION BONDS FOR FUNDING OF THE SOUTH CAROLINA MILITARY VALUE REVOLVING LOAN ACCOUNT IN ORDER TO PROVIDE ASSISTANCE TO DEFENSE COMMUNITIES IN THIS STATE TO ENHANCE THE VALUE OF MILITARY FACILITIES LOCATED IN THIS STATE.
and has ordered the Bill Enrolled for Ratification.
Received as information.
Columbia, S.C., May 26, 2004
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4454 (Word version) -- Reps. Vaughn, Altman, Leach and Mahaffey: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 6-1-140, SO AS TO PROVIDE THAT FOR CERTAIN POLITICAL SUBDIVISIONS OF THIS STATE THAT WERE CREATED TO OPERATE HOSPITALS ON A LOCAL OR REGIONAL BASIS, THE ABILITY TO CALL FOR OR CONDUCT ADVISORY REFERENDA REGARDING THEIR ACTIVITIES SHALL REST SOLELY WITH THE GOVERNING BOARD OF THE POLITICAL SUBDIVISION AND THE GOVERNMENTAL BODIES WHICH APPOINT THE BOARD, INCLUDING A COUNTY LEGISLATIVE DELEGATION.
and has ordered the Bill Enrolled for Ratification.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 27, 2004
Mr. President and Senators:
The House respectfully informs your Honorable Body that it concurs in the amendments proposed by the Senate to:
H. 4645 (Word version) -- Reps. Littlejohn, Davenport, Mahaffey, W.D. Smith, Talley and Walker: A BILL TO AMEND ACT 1 OF 2001, RELATING TO SUPPLEMENTAL APPROPRIATIONS FOR A PARTICULAR YEAR AND CAPITAL IMPROVEMENT BOND AUTHORIZATIONS, AMONG OTHER THINGS, SO AS TO REVISE THE PURPOSE FOR WHICH A CAPITAL IMPROVEMENT BOND AUTHORIZATION FOR USC-SPARTANBURG MAY BE USED.
and has ordered the Bill Enrolled for Ratification.
Received as information.
S. 1251 (Word version) -- Senator Land: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THAT PORTION OF SOUTH CAROLINA HIGHWAY 6 IN CALHOUN COUNTY FROM I-26 TO THE MUNICIPAL LIMITS OF THE TOWN OF ST. MATTHEWS, THE "O. ALEX HICKLIN, SR. MEMORIAL HIGHWAY" AND TO ERECT AN APPROPRIATE MARKER OR SIGN AT THE INTERSECTION OF OLD HIGHWAY 6 AND WILD ROSE ROAD CONTAINING THE WORDS "O. ALEX HICKLIN, SR. MEMORIAL HIGHWAY" IN RECOGNITION OF HIS MANY CONTRIBUTIONS TO THE TOWN OF ST. MATTHEWS, CALHOUN COUNTY, THE STATE OF SOUTH CAROLINA, AND THIS NATION, INCLUDING ESPECIALLY HIS DISTINGUISHED SERVICE AS A MEMBER OF THE THEN HIGHWAYS AND PUBLIC TRANSPORTATION COMMISSION.
Returned with concurrence.
Received as information.
S. 1255 (Word version) -- Senator Land: A CONCURRENT RESOLUTION TO REQUEST THE SOUTH CAROLINA DEPARTMENT OF TRANSPORTATION TO NAME THE INTERCHANGE LOCATED AT THE INTERSECTION OF INTERSTATE HIGHWAY 95 AND SOUTH CAROLINA HIGHWAY 521 IN CLARENDON COUNTY THE "BEN G. ALDERMAN, JR. INTERCHANGE" AND TO ERECT APPROPRIATE MARKERS OR SIGNS AT THIS INTERCHANGE CONTAINING THE WORDS "BEN G. ALDERMAN, JR. `1 INTERCHANGE".
Returned with concurrence.
Received as information.
S. 1257 (Word version) -- Senators Setzler, Alexander, Anderson, Branton, Courson, Cromer, Drummond, Elliott, Fair, Ford, Giese, Glover, Gregory, Grooms, Hawkins, Hayes, Hutto, Jackson, Knotts, Kuhn, Land, Leatherman, Leventis, Malloy, Martin, Matthews, McConnell, McGill, Mescher, Moore, O'Dell, Patterson, Peeler, Pinckney, Rankin, Ravenel, Reese, Richardson, Ritchie, Ryberg, Sheheen, Short, J. Verne Smith,
Returned with concurrence.
Received as information.
S. 1272 (Word version) -- Senator Martin: A CONCURRENT RESOLUTION TO ACKNOWLEDGE THE IMPORTANCE OF OPEN GOVERNMENT IN SOUTH CAROLINA, TO RECOGNIZE THE ROLE PLAYED BY THE FREEDOM OF INFORMATION ACT, TO ENCOURAGE PARTICIPATION IN SUNSHINE SUNDAY, AND TO EXPRESS APPRECIATION TO THE SOUTH CAROLINA PRESS ASSOCIATION FOR ITS SPONSORSHIP AND PROMOTION OF OPEN GOVERNMENT WEEK, AND TO DESIGNATE SEPTEMBER 19-25 AS "OPEN GOVERNMENT WEEK IN SOUTH CAROLINA".
Returned with concurrence.
Received as information.
S. 1273 (Word version) -- Senator Martin: A CONCURRENT RESOLUTION TO HONOR AND CONGRATULATE MARY FINLEY BABB OF EASLEY UPON HER RETIREMENT AS ASSISTANT SUPERINTENDENT FOR INSTRUCTION FOR THE SCHOOL DISTRICT OF PICKENS COUNTY, TO COMMEND HER FOR HER MANY YEARS OF DEDICATED SERVICE TO EDUCATION, AND TO WISH HER MUCH SUCCESS AND HAPPINESS IN ALL OF HER FUTURE ENDEAVORS.
Returned with concurrence.
Received as information.
The Senate proceeded to take up for consideration the vetoes of the Governor to the General Appropriation Act, H. 4925.
Senator MARTIN asked unanimous consent to make a motion that the Senate proceed to take up veto numbers 1, 2, 3, 4, 5, 6, 7, 8, 9, 10,
There was no objection and the motion was adopted.
Columbia, S.C., May 26, 2004
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R333, H. 4925 by a vote of 102 to 9:
Veto 1 Part IA, Section 1, Department of Education, Division of
Professional Development and School Quality, page 2,
Other Operating Expenses, $298,030.
Very respectfully,
Speaker of the House
Received as information.
Veto 1 Part IA, Section 1, Department of Education, Division of
Professional Development and School Quality, page 2,
Other Operating Expenses, $298,030.
The veto of the Governor was taken up for immediate consideration.
Senator MARTIN moved that the veto of the Governor be overridden.
The question was put: "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Courson Cromer Elliott Fair Ford Giese Glover Gregory Hayes Hutto Jackson Knotts Land Leatherman Leventis Malloy Martin Matthews McConnell McGill Mescher Moore O'Dell Patterson Peeler Rankin Ravenel Reese Richardson Ritchie Setzler Sheheen Short Smith, J. Verne Thomas Verdin Waldrep
Branton Grooms Hawkins Kuhn Ryberg
The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.
Columbia, S.C., May 26, 2004
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R333, H. 4925 by a vote of 106 to 9:
Veto 2 Part IA, Section 4, John De La Howe School, Administration,
page 21, Other Personal Service, $1,952.
Very respectfully,
Speaker of the House
Received as information.
Veto 2 Part IA, Section 4, John De La Howe School, Administration,
page 21, Other Personal Service, $1,952.
The veto of the Governor was taken up for immediate consideration.
Senator MARTIN moved that the veto of the Governor be overridden.
The question was put: "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Branton Courson Cromer Elliott Fair Ford Giese Glover Hayes Hutto Jackson Knotts Land Leatherman Leventis Malloy Martin Matthews McConnell McGill Mescher Moore O'Dell Patterson Peeler Rankin Ravenel Reese Richardson Ritchie Ryberg Setzler Sheheen Short Smith, J. Verne Thomas Verdin Waldrep
Gregory Grooms Hawkins Kuhn
The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.
Columbia, S.C., May 26, 2004
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R333, H. 4925 by a vote of 106 to 10:
Veto 3 Part IA, Section 4, John De La Howe School, Administration,
page 21, Other Operating Expenses, $10,181.
Very respectfully,
Speaker of the House
Received as information.
Veto 3 Part IA, Section 4, John De La Howe School, Administration,
page 21, Other Operating Expenses, $10,181.
The veto of the Governor was taken up for immediate consideration.
Senator MARTIN moved that the veto of the Governor be overridden.
The question was put: "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Branton Courson Cromer Elliott Fair Ford Giese Glover Hayes Hutto Jackson Knotts Land Leatherman Leventis Malloy Martin Matthews McConnell McGill Mescher Moore O'Dell Patterson Peeler Rankin Ravenel Reese Richardson Ritchie Ryberg Setzler Sheheen Short Smith, J. Verne Thomas Verdin Waldrep
Gregory Grooms Hawkins Kuhn
The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.
Columbia, S.C., May 26, 2004
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R333, H. 4925 by a vote of 104 to 13:
Veto 4 Part IA, Section 4, John De La Howe School, Education,
page 21, Other Operating Expenses, $15,076.
Received as information.
Veto 4 Part IA, Section 4, John De La Howe School, Education,
page 21, Other Operating Expenses, $15,076.
The veto of the Governor was taken up for immediate consideration.
Senator MARTIN moved that the veto of the Governor be overridden.
The question was put: "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"
The "ayes" and "nays" were demanded and taken, resulting as follows:
AYES
Alexander Anderson Branton Courson Cromer Elliott Fair Ford Giese Glover Hayes Hutto Jackson Knotts Land Leatherman Leventis Malloy Martin Matthews McConnell McGill Mescher Moore O'Dell Patterson Peeler Rankin Ravenel Reese Richardson Ritchie Ryberg Setzler Sheheen Short Smith, J. Verne Thomas Verdin Waldrep
Gregory Grooms Hawkins Kuhn
The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.
Columbia, S.C., May 26, 2004
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R333, H. 4925 by a vote of 98 to 16:
Veto 5 Part IA, Section 5F, Coastal Carolina University, Education
and General, Unrestricted, page 36, Other Operating
Expenses, $500,000.
Very respectfully,
Speaker of the House
Received as information.
Veto 5 Part IA, Section 5F, Coastal Carolina University, Education
and General, Unrestricted, page 36, Other Operating
Expenses, $500,000.
The veto of the Governor was taken up for immediate consideration.
Senator MARTIN moved that the veto of the Governor be overridden.
The question was put: "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Courson Cromer Elliott Fair Ford Giese Glover Hayes Hutto Jackson Land Leatherman Leventis Malloy Martin Matthews McConnell McGill Mescher Moore O'Dell Patterson Peeler Rankin Ravenel Reese Richardson Ritchie Setzler Sheheen Short Smith, J. Verne Thomas Verdin Waldrep
Branton Gregory Grooms Hawkins Knotts Kuhn Ryberg
The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.
Columbia, S.C., May 26, 2004
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R333, H. 4925 by a vote of 105 to 9:
Veto 6 Part IA, Section 5G, Francis Marion University, Education
and General, Unrestricted, page 38, Omega Project,
$56,147.
Very respectfully,
Speaker of the House
Received as information.
Veto 6 Part IA, Section 5G, Francis Marion University, Education
and General, Unrestricted, page 38, Omega Project,
$56,147.
The veto of the Governor was taken up for immediate consideration.
Senator MARTIN moved that the veto of the Governor be overridden.
The question was put: "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Courson Cromer Elliott Fair Ford Giese Glover Gregory Hayes Hutto Jackson Knotts Land Leatherman Leventis Malloy Martin Matthews McConnell McGill Mescher Moore O'Dell Patterson Peeler Rankin Ravenel Reese Richardson Ritchie Setzler
Sheheen Short Smith, J. Verne Thomas Verdin Waldrep
Branton Grooms Hawkins Kuhn Ryberg
The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.
Columbia, S.C., May 26, 2004
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R333, H. 4925 by a vote of 100 to 9:
Veto 7 Part IA, Section 5MB, Area Health Education Consortium,
Consortium, General, page 65, Other Personal Services,
$42,330.
Very respectfully,
Speaker of the House
Received as information.
Veto 7 Part IA, Section 5MB, Area Health Education Consortium,
Consortium, General, page 65, Other Personal Services,
$42,330.
The veto of the Governor was taken up for immediate consideration.
Senator MARTIN moved that the veto of the Governor be overridden.
The question was put: "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Courson Cromer Elliott Fair Ford Giese Glover Gregory Hayes Hutto Jackson Knotts Land Leatherman Leventis Malloy Martin Matthews McGill Mescher Moore O'Dell Patterson Peeler Rankin Ravenel Reese Richardson Ritchie Setzler Sheheen Short Smith, J. Verne Thomas Verdin Waldrep
Branton Grooms Hawkins Kuhn McConnell Ryberg
The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.
Columbia, S.C., May 26, 2004
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R333, H. 4925 by a vote of 96 to 11:
Veto 8 Part IA, Section 5N, Technical and Comprehensive Education
Bd., Instructional Programs, page 67, Florence Darlington -
Operating, $500,000.
Very respectfully,
Speaker of the House
Received as information.
Veto 8 Part IA, Section 5N, Technical and Comprehensive Education
Bd., Instructional Programs, page 67, Florence Darlington -
Operating, $500,000
The veto of the Governor was taken up for immediate consideration.
Senator MARTIN moved that the veto of the Governor be overridden.
The question was put: "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"
The "ayes" and "nays" were demanded and taken, resulting as follows:
AYES
Alexander Anderson Courson Cromer Elliott Fair Ford Giese Glover Gregory Hayes Hutto Jackson Knotts Land Leatherman Leventis Malloy
Martin Matthews McConnell McGill Mescher Moore O'Dell Patterson Peeler Rankin Ravenel Reese Richardson Ritchie Setzler Sheheen Short Smith, J. Verne Thomas Verdin Waldrep
Branton Grooms Hawkins Kuhn Ryberg
The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.
Columbia, S.C., May 26, 2004
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R333, H. 4925 by a vote of 87 to 28:
Veto 9 Part IA, Section 5N, Technical and Comprehensive Education
Bd., Instructional Programs, page 67, Trident Tech -
Culinary Arts, $775,000.
Very respectfully,
Speaker of the House
Received as information.
Veto 9 Part IA, Section 5N, Technical and Comprehensive Education
Bd., Instructional Programs, page 67, Trident Tech -
Culinary Arts, $775,000
The veto of the Governor was taken up for immediate consideration.
Senator MARTIN moved that the veto of the Governor be overridden.
The question was put: "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Branton Courson Cromer Elliott Fair Ford Giese Glover Grooms Hayes Jackson Knotts Land Leatherman Leventis Malloy Martin Matthews McConnell McGill Mescher Moore O'Dell Patterson Peeler Rankin Ravenel Reese Richardson Ritchie Short Smith, J. Verne Thomas Verdin Waldrep
Gregory Hawkins Hutto Kuhn Ryberg Setzler Sheheen
The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.
Columbia, S.C., May 26, 2004
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R333, H. 4925 by a vote of 106 to 6:
Veto 10 Part IA, Section 6, Educational Television Commission,
Program and Services, Agency Services, General Support
and Services, page 73, Other Operating Expenses,
$184,144.
Very respectfully,
Speaker of the House
Received as information.
Veto 10 Part IA, Section 6, Educational Television Commission,
Program and Services, Agency Services, General Support
and Services, page 73, Other Operating Expenses,
$184,144.
The veto of the Governor was taken up for immediate consideration.
Senator MARTIN moved that the veto of the Governor be overridden.
The question was put: "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Courson Cromer Elliott Fair Ford Giese Glover Gregory Hayes Hutto
Jackson Knotts Land Leatherman Leventis Malloy Martin Matthews McConnell McGill Mescher Moore O'Dell Patterson Peeler Rankin Ravenel Reese Richardson Ritchie Setzler Sheheen Short Smith, J. Verne Thomas Verdin Waldrep
Branton Grooms Hawkins Kuhn Ryberg
The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.
Columbia, S.C., May 26, 2004
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R333, H. 4925 by a vote of 102 to 10:
Veto 11 Part IA, Section 6, Educational Television Commission,
Program and Services, Cultural and Performing Arts, page
73, Other Operating Expenses, $117,028.
Very respectfully,
Speaker of the House
Received as information.
Veto 11 Part IA, Section 6, Educational Television Commission,
Program and Services, Cultural and Performing Arts, page
73, Other Operating Expenses, $117,028.
The veto of the Governor was taken up for immediate consideration.
Senator MARTIN moved that the veto of the Governor be overridden.
The question was put: "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Courson Cromer Elliott Fair Ford Giese Glover Hayes Hutto Jackson Land Leatherman Leventis Malloy Martin Matthews McGill Mescher Moore O'Dell Patterson Peeler Rankin Ravenel Reese Richardson Ritchie Setzler Sheheen Short Smith, J. Verne Thomas Verdin Waldrep
Branton Gregory Grooms Hawkins Knotts Kuhn McConnell Ryberg
Columbia, S.C., May 26, 2004
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R333, H. 4925 by a vote of 98 to 13:
Veto 12 Part IA, Section 8, Dept of Health and Human Services,
Program and Services, Health Services, Medical Contracts,
page 77, Eligibility Contracts, $700,000.
Very respectfully,
Speaker of the House
Received as information.
Veto 12 Part IA, Section 8, Dept of Health and Human Services,
Program and Services, Health Services, Medical Contracts,
page 77, Eligibility Contracts, $700,000.
The veto of the Governor was taken up for immediate consideration.
Senator MARTIN moved that the veto of the Governor be overridden.
The question was put: "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"
The "ayes" and "nays" were demanded and taken, resulting as follows:
AYES
Alexander Anderson Courson Cromer Elliott Fair
Ford Giese Glover Hayes Hutto Jackson Land Leatherman Leventis Malloy Martin Matthews McGill Mescher Moore O'Dell Patterson Peeler Rankin Ravenel Reese Richardson Ritchie Setzler Sheheen Short Smith, J. Verne Thomas Verdin Waldrep
Branton Gregory Grooms Hawkins Knotts Kuhn McConnell Ryberg
The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.
Columbia, S.C., May 26, 2004
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R333, H. 4925 by a vote of 101 to 9:
Veto 13 Part IA, Section 9, Department of Health And Environmental
Control, Administration, page 81, Other Operating Expenses,
$787,017.
Very respectfully,
Speaker of the House
Received as information.
Veto 13 Part IA, Section 9, Department of Health And Environmental Control, Administration, page 81, Other Operating Expenses, $787,017.
The veto of the Governor was taken up for immediate consideration.
Senator ALEXANDER moved that the veto of the Governor be overridden.
The question was put: "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"
Senator BRANTON made a Parliamentary Inquiry as to whether the necessary vote to override the veto was two-thirds of those present or two-thirds of those members present and voting.
The PRESIDENT stated that the necessary vote to override the veto would be two-thirds of those members present and voting.
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Cromer Elliott Ford Giese Glover Hutto Jackson Land Leatherman Leventis Malloy Martin Matthews McGill Mescher Moore Patterson Peeler Rankin Reese Setzler Sheheen Short Smith, J. Verne Verdin Waldrep
Branton Fair Gregory Grooms Hawkins Hayes Knotts Kuhn McConnell Ravenel Richardson Ritchie Ryberg Thomas
The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.
Columbia, S.C., May 26, 2004
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R333, H. 4925 by a vote of 97 to 13:
Veto 14 Part IA, Section 9, Department of Health and Environmental
Control, Coastal Resource Improvement, page 82, Other
Operating Expenses, $247,794.
Very respectfully,
Speaker of the House
Received as information.
Veto 14 Part IA, Section 9, Department of Health and Environmental
Control, Coastal Resource Improvement, page 82, Other
Operating Expenses, $247,794.
The veto of the Governor was taken up for immediate consideration.
Senator MARTIN moved that the veto of the Governor be overridden.
The question was put: "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"
The "ayes" and "nays" were demanded and taken, resulting as follows:
AYES
Alexander Anderson Courson Cromer Elliott Fair Ford Giese Glover Gregory Hayes Hutto Jackson Land Leatherman Leventis Malloy Martin Matthews McConnell McGill Mescher Moore O'Dell Patterson Peeler Rankin Ravenel Reese Richardson Ritchie Setzler Sheheen Short Smith, J. Verne Thomas Verdin Waldrep
Branton Grooms Hawkins Knotts Kuhn Ryberg
The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.
Columbia, S.C., May 26, 2004
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R333, H. 4925 by a vote of 90 to 20:
Veto 15 Part IA, Section 9, Dept of Health and Environmental
Control, Programs and Services, Coastal Resource
Improvement, page 82, Hunting Is. Beach
Renourishment, $5,000,000.
Very respectfully,
Speaker of the House
Received as information.
Veto 15 Part IA, Section 9, Dept of Health and Environmental
Control, Programs and Services, Coastal Resource
Improvement, page 82, Hunting Is. Beach
Renourishment, $5,000,000.
The veto of the Governor was taken up for immediate consideration.
Senator MARTIN moved that the veto of the Governor be overridden.
The question was put: "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"
The "ayes" and "nays" were demanded and taken, resulting as follows:
AYES
Anderson Courson Cromer Elliott Fair Ford Giese Glover Hayes Hutto Jackson Land Leatherman Leventis Malloy Martin Matthews McGill Mescher Moore O'Dell Patterson Peeler Rankin Ravenel Reese Richardson
Ritchie Setzler Short Smith, J. Verne Thomas Waldrep
Alexander Branton Gregory Grooms Hawkins Knotts Kuhn McConnell Ryberg Sheheen Verdin
The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.
Columbia, S.C., May 26, 2004
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R333, H. 4925 by a vote of 104 to 12:
Veto 16 Part IA, Section 9, Department of Health and Environmental
Control, Air Quality Improvement, page 82, Other Operating
Expenses, $181,459.
Very respectfully,
Speaker of the House
Received as information.
Veto 16 Part IA, Section 9, Department of Health and Environmental
Control, Air Quality Improvement, page 82, Other Operating
Expenses, $181,459.
The veto of the Governor was taken up for immediate consideration.
Senator MARTIN moved that the veto of the Governor be overridden.
The question was put: "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Courson Cromer Elliott Fair Ford Giese Glover Gregory Hayes Hutto Jackson Land Leatherman Leventis Malloy Martin Matthews McGill Mescher Moore O'Dell Patterson Peeler Rankin Ravenel Reese Richardson Ritchie Setzler Sheheen Short Smith, J. Verne Thomas Verdin Waldrep
Branton Grooms Hawkins Knotts Kuhn McConnell Ryberg
The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.
Columbia, S.C., May 26, 2004
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R333, H. 4925 by a vote of 102 to 9:
Veto 17 Part IA, Section 9, Department of Health and Environmental
Control, Land & Waste Management, page 83, Other
Operating Expenses, $761,791.
Very respectfully,
Speaker of the House
Received as information.
Veto 17 Part IA, Section 9, Department of Health and Environmental
Control, Land & Waste Management, page 83, Other
Operating Expenses, $761,791.
The veto of the Governor was taken up for immediate consideration.
Senator MARTIN moved that the veto of the Governor be overridden.
The question was put: "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"
The "ayes" and "nays" were demanded and taken, resulting as follows:
AYES
Alexander Anderson Courson Cromer Elliott Fair Ford Giese Glover Gregory Hayes Hutto Jackson Knotts Land Leatherman Leventis Malloy
Martin Matthews McGill Mescher Moore O'Dell Patterson Peeler Rankin Ravenel Reese Richardson Ritchie Setzler Sheheen Short Smith, J. Verne Thomas Verdin Waldrep
Branton Grooms Hawkins Kuhn McConnell Ryberg
The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.
Columbia, S.C., May 26, 2004
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R333, H. 4925 by a vote of 97 to 13:
Veto 18 Part IA, Section 9, Dept of Health and Environmental
Control, Programs and Services, Family Health, Access to
Care, page 85, Unclassified Positions, $138,073.
Very respectfully,
Speaker of the House
Received as information.
Veto 18 Part IA, Section 9, Dept of Health and Environmental
Control, Programs and Services, Family Health, Access to
Care, page 85, Unclassified Positions, $138,073.
The veto of the Governor was taken up for immediate consideration.
Senator MARTIN moved that the veto of the Governor be overridden.
The question was put: "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Courson Cromer Elliott Fair Ford Giese Glover Gregory Hayes Hutto Jackson Knotts Land Leatherman Leventis Malloy Martin Matthews McGill Mescher Moore O'Dell Patterson Peeler Rankin Ravenel Reese Richardson Ritchie Setzler Sheheen Short Smith, J. Verne Thomas Verdin Waldrep
Branton Grooms Hawkins Kuhn McConnell Ryberg
The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.
Columbia, S.C., May 26, 2004
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R333, H. 4925 by a vote of 101 to 12:
Veto 19 Part IA, Section 9, Dept of Health and Environmental
Control, Programs and Services, Family Health, Access
to Care, page 85, Other Personal Service, $56,895.
Very respectfully,
Speaker of the House
Received as information.
Veto 19 Part IA, Section 9, Dept of Health and Environmental
Control, Programs and Services, Family Health, Access
to Care, page 85, Other Personal Service, $56,895.
The veto of the Governor was taken up for immediate consideration.
Senator MARTIN moved that the veto of the Governor be overridden.
The question was put: "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Courson Cromer Elliott Fair Ford Giese Glover Gregory Hayes Hutto Jackson Knotts Land Leatherman Leventis Malloy
Martin Matthews McConnell McGill Mescher Moore O'Dell Patterson Peeler Rankin Ravenel Reese Richardson Ritchie Setzler Sheheen Short Smith, J. Verne Thomas Verdin Waldrep
Branton Grooms Hawkins Kuhn Ryberg
The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.
Columbia, S.C., May 26, 2004
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R333, H. 4925 by a vote of 103 to 9:
Veto 20 Part IA, Section 9, Dept of Health and Environmental
Control, Programs and Services, Family Health, Access to
Care, page 85, Lancaster Kershaw Health Center, $175,738.
Very respectfully,
Speaker of the House
Received as information.
Veto 20 Part IA, Section 9, Dept of Health and Environmental
Control, Programs and Services, Family Health, Access to Care, page 85, Lancaster Kershaw Health Center, $175,738.
The veto of the Governor was taken up for immediate consideration.
Senator MARTIN moved that the veto of the Governor be overridden.
The question was put: "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Courson Cromer Elliott Fair Ford Giese Glover Gregory Hayes Hutto Jackson Knotts Land Leatherman Leventis Malloy Martin Matthews McConnell McGill Mescher Moore O'Dell Patterson Peeler Rankin Ravenel Reese Richardson Ritchie Setzler Sheheen Short Smith, J. Verne Thomas Verdin Waldrep
Branton Grooms Hawkins Kuhn Ryberg
The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.
Columbia, S.C., May 26, 2004
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R333, H. 4925 by a vote of 101 to 14:
Veto 21 Part IA, Section 9, Dept of Health and Environmental
Control, Programs and Services, Family Health, Access to
Care, page 85, Biotechnology Center, $547,620.
Very respectfully,
Speaker of the House
Received as information.
Veto 21 Part IA, Section 9, Dept of Health and Environmental
Control, Programs and Services, Family Health, Access to
Care, page 85, Biotechnology Center, $547,620.
The veto of the Governor was taken up for immediate consideration.
Senator MARTIN moved that the veto of the Governor be overridden.
The question was put: "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Courson Cromer Elliott Fair Ford Giese Glover Gregory Hayes Hutto Jackson Knotts Land Leatherman Leventis Malloy
Martin Matthews McConnell McGill Mescher Moore O'Dell Patterson Peeler Rankin Ravenel Reese Richardson Ritchie Setzler Sheheen Short Smith, J. Verne Thomas Verdin Waldrep
Branton Grooms Hawkins Kuhn Ryberg
The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.
Columbia, S.C., May 26, 2004
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R333, H. 4925 by a vote of 104 to 9:
Veto 22 Part IA, Section 9, Department of Health and Environmental
Control, Health Care Standards Facility Service Develop-
ment, Other Operating Expenses, page 87, $197,015.
Very respectfully,
Speaker of the House
Received as information.
Veto 22 Part IA, Section 9, Department of Health and Environmental
Control, Health Care Standards Facility Service Develop-
ment, Other Operating Expenses, page 87, $197,015.
The veto of the Governor was taken up for immediate consideration.
Senator MARTIN moved that the veto of the Governor be overridden.
The question was put: "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"
The "ayes" and "nays" were demanded and taken, resulting as follows:
AYES
Alexander Anderson Courson Cromer Elliott Fair Ford Giese Glover Gregory Hayes Hutto Jackson Land Leatherman Leventis Malloy Martin Matthews McGill Mescher Moore O'Dell Patterson Peeler Rankin Ravenel Reese Richardson Ritchie Setzler Sheheen Short Smith, J. Verne Thomas Verdin Waldrep
Branton Grooms Hawkins Knotts Kuhn McConnell Ryberg
The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.
Columbia, S.C., May 26, 2004
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R333, H. 4925 by a vote of 95 to 7:
Veto 23 Part IA, Section 9, Department of Health and Environmental
Control, Health Care Standards Licensing, Other Operating
Expenses, page 87, $94,753.
Very respectfully,
Speaker of the House
Received as information.
Veto 23 Part IA, Section 9, Department of Health and Environmental
Control, Health Care Standards Licensing, Other Operating
Expenses, page 87, $94,753.
The veto of the Governor was taken up for immediate consideration.
Senator MARTIN moved that the veto of the Governor be overridden.
The question was put: "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Courson Cromer Elliott Fair Ford Giese Glover Gregory Hayes Hutto Jackson Land Leatherman Leventis Malloy Martin
Matthews McConnell McGill Mescher Moore O'Dell Patterson Peeler Rankin Ravenel Reese Richardson Ritchie Setzler Sheheen Short Smith, J. Verne Thomas Verdin Waldrep
Branton Grooms Hawkins Knotts Kuhn Ryberg
The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.
Columbia, S.C., May 26, 2004
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R333, H. 4925 by a vote of 101 to 10:
Veto 24 Part IA, Section 9, Department of Health and Environmental
Control, Health Surveillance, Vital Records, Other Operating
Expenses, page 88, $12,681.
Very respectfully,
Speaker of the House
Received as information.
Veto 24 Part IA, Section 9, Department of Health and Environmental
Control, Health Surveillance, Vital Records, Other Operating
Expenses, page 88, $12,681.
The veto of the Governor was taken up for immediate consideration.
Senator MARTIN moved that the veto of the Governor be overridden.
The question was put: "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Courson Cromer Elliott Fair Ford Giese Glover Gregory Hayes Hutto Jackson Land Leatherman Leventis Malloy Martin Matthews McGill Mescher Moore O'Dell Patterson Peeler Rankin Ravenel Reese Richardson Ritchie Setzler Sheheen Short Smith, J. Verne Thomas Verdin Waldrep
Branton Grooms Hawkins Knotts Kuhn McConnell Ryberg
The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.
Columbia, S.C., May 26, 2004
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R333, H. 4925 by a vote of 100 to 3:
Veto 25 Part IA, Section 10, Dept of Mental Health, Programs and
Services, Support Services, Administrative Services, page
94, Unclassified Positions, $275,197.
Very respectfully,
Speaker of the House
Received as information.
Veto 25 Part IA, Section 10, Dept of Mental Health, Programs and
Services, Support Services, Administrative Services, page
94, Unclassified Positions, $275,197.
The veto of the Governor was taken up for immediate consideration.
Senator MARTIN moved that the veto of the Governor be overridden.
The question was put: "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Courson Cromer Elliott Fair Ford Giese Glover Gregory Hayes Hutto Jackson Land Leatherman Leventis Malloy Martin Matthews McGill Mescher Moore O'Dell Patterson Peeler Rankin Ravenel Reese Richardson Ritchie Setzler Sheheen Short Smith, J. Verne Thomas Verdin Waldrep
Branton Grooms Hawkins Knotts Kuhn McConnell Ryberg
The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.
Columbia, S.C., May 26, 2004
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R333, H. 4925 by a vote of 105 to 4:
Veto 26 Part IA, Section 10, Dept of Mental Health, Programs and
Services, Support Services, Administrative Services, page 94,
Other Personal Services, $520,629.
Received as information.
Veto 26 Part IA, Section 10, Dept of Mental Health, Programs and
Services, Support Services, Administrative Services, page 94,
Other Personal Services, $520,629.
The veto of the Governor was taken up for immediate consideration.
Senator MARTIN moved that the veto of the Governor be overridden.
The question was put: "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"
The "ayes" and "nays" were demanded and taken, resulting as follows:
AYES
Alexander Anderson Branton Courson Cromer Elliott Fair Ford Giese Glover Gregory Hayes Hutto Jackson Knotts Land Leatherman Leventis Malloy Martin Matthews McGill Mescher Moore O'Dell Patterson Peeler Rankin Ravenel Reese Richardson Ritchie Setzler Sheheen Short Smith, J. Verne Thomas Verdin Waldrep
Grooms Hawkins Kuhn McConnell Ryberg
The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.
Columbia, S.C., May 26, 2004
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R333, H. 4925 by a vote of 104 to 5:
Veto 27 Part IA, Section 11, Dept of Disabilities and Special Needs,
Programs and Services, Regional Centers, page 100, Other
Operating Expenses, $56,662.
Very respectfully,
Speaker of the House
Received as information.
Veto 27 Part IA, Section 11, Dept of Disabilities and Special Needs,
Programs and Services, Regional Centers, page 100, Other
Operating Expenses, $56,662.
The veto of the Governor was taken up for immediate consideration.
Senator ALEXANDER moved that the veto of the Governor be overridden.
The question was put: "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Elliott Ford Glover Hayes Hutto Jackson Knotts Land Leatherman Leventis Malloy Martin Matthews Mescher Moore O'Dell Patterson Rankin Reese Setzler Sheheen Short Smith, J. Verne Thomas Verdin Waldrep
Branton Courson Cromer Fair Giese Gregory Grooms Hawkins Kuhn McConnell Peeler Richardson Ritchie Ryberg
The necessary two-thirds vote not having been received, the veto of the Governor was sustained, and a message was sent to the House accordingly.
Columbia, S.C., May 26, 2004
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R333, H. 4925 by a vote of 90 to 20:
Veto 28 Part IA, Section 13, Department of Social Services, Programs
and Services, Employment and Training Service, Case
Management, page 111, Greenville Urban League, $18,389.
Very respectfully,
Speaker of the House
Received as information.
Veto 28 Part IA, Section 13, Department of Social Services, Programs
and Services, Employment and Training Service, Case
Management, page 111, Greenville Urban League, $18,389.
The veto of the Governor was taken up for immediate consideration.
Senator MARTIN moved that the veto of the Governor be overridden.
The question was put: "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"
The "ayes" and "nays" were demanded and taken, resulting as follows:
AYES
Alexander Anderson Courson Cromer Elliott Fair Ford Giese Glover Gregory Hayes Hutto Jackson Land Leatherman Leventis Malloy Martin Matthews McGill Mescher Moore O'Dell Patterson Peeler Rankin Ravenel Reese Richardson Ritchie Setzler Sheheen Short Smith, J. Verne Thomas Verdin Waldrep
Branton Grooms Hawkins Knotts Kuhn McConnell Ryberg
The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.
Columbia, S.C., May 26, 2004
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R333, H. 4925 by a vote of 111 to 3:
Veto 29 Part IA, Section 21, Forestry Commission, Forest Landowner
Assistance, page 131, Forest Renewal Program, $200,000.
Very respectfully,
Speaker of the House
Received as information.
Veto 29 Part IA, Section 21, Forestry Commission, Forest Landowner
Assistance, page 131, Forest Renewal Program, $200,000.
The veto of the Governor was taken up for immediate consideration.
Senator MARTIN moved that the veto of the Governor be overridden.
The question was put: "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"
The "ayes" and "nays" were demanded and taken, resulting as follows:
AYES
Alexander Anderson Courson Cromer Elliott Fair Ford Giese Glover Gregory Hayes Hutto Jackson Land Leatherman Leventis Malloy Martin Matthews McGill Mescher Moore O'Dell Patterson Peeler Rankin Ravenel Reese Richardson Ritchie Setzler Sheheen Short Smith, J. Verne Thomas Verdin Waldrep
Branton Grooms Hawkins Knotts Kuhn McConnell Ryberg
The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.
Columbia, S.C., May 26, 2004
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R333, H. 4925 by a vote of 109 to 3:
Veto 30 Part IA, Section 22, Department of Agriculture,
Administrative Services, page 134, Other Personal
Services, $35,000, General Fund only.
Very respectfully,
Speaker of the House
Received as information.
Veto 30 Part IA, Section 22, Department of Agriculture,
Administrative Services, page 134, Other Personal
Services, $35,000, General Fund only.
The veto of the Governor was taken up for immediate consideration.
Senator MARTIN moved that the veto of the Governor be overridden.
The question was put: "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"
The "ayes" and "nays" were demanded and taken, resulting as follows:
AYES
Alexander Anderson Branton Courson Cromer Elliott Fair Ford Giese Glover Gregory Hayes Hutto Jackson Land Leatherman Leventis Malloy Martin Matthews McGill Mescher Moore O'Dell Patterson Peeler Rankin Ravenel Reese Richardson Ritchie Setzler Sheheen
Short Smith, J. Verne Thomas Verdin Waldrep
Grooms Hawkins Knotts Kuhn McConnell Ryberg
The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.
Columbia, S.C., May 26, 2004
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R333, H. 4925 by a vote of 101 to 5:
Veto 31 Part IA, Section 22, Department of Agriculture, Consumer
Services, page 134, Other Personal Services, $15,000.
Very respectfully,
Speaker of the House
Received as information.
Veto 31 Part IA, Section 22, Department of Agriculture, Consumer
Services, page 134, Other Personal Services, $15,000.
The veto of the Governor was taken up for immediate consideration.
Senator MARTIN moved that the veto of the Governor be overridden.
The question was put: "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"
The "ayes" and "nays" were demanded and taken, resulting as follows:
AYES
Alexander Anderson Branton Courson Cromer Elliott Fair Ford Giese Glover Gregory Hayes Hutto Jackson Land Leatherman Leventis Malloy Martin Matthews McGill Mescher Moore O'Dell Patterson Peeler Rankin Ravenel Reese Richardson Ritchie Setzler Sheheen Short Smith, J. Verne Thomas Verdin Waldrep
Grooms Hawkins Knotts Kuhn McConnell Ryberg
The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.
Columbia, S.C., May 26, 2004
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R333, H. 4925 by a vote of 99 to 14:
Veto 32 Part IA, Section 24, Department of Natural Resources,
Marine Research, Special Items, Waddell Mariculture,
page 147, $400,000.
Very respectfully,
Speaker of the House
Received as information.
Veto 32 Part IA, Section 24, Department of Natural Resources,
Marine Research, Special Items, Waddell Mariculture,
page 147, $400,000.
The veto of the Governor was taken up for immediate consideration.
Senator MARTIN moved that the veto of the Governor be overridden.
The question was put: "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"
The "ayes" and "nays" were demanded and taken, resulting as follows:
AYES
Alexander Anderson Courson Cromer Elliott Fair Ford Giese Glover Gregory Hayes Hutto Jackson Land Leatherman Leventis Malloy Martin Matthews McGill Mescher Moore O'Dell Patterson Peeler Rankin Ravenel Reese Richardson Ritchie Setzler Sheheen Short
Smith, J. Verne Thomas Verdin Waldrep
Branton Grooms Hawkins Knotts Kuhn McConnell Ryberg
The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.
Columbia, S.C., May 26, 2004
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R333, H. 4925 by a vote of 104 to 5:
Veto 33 Part IA, Section 26, Dept of Parks, Recreation and Tourism,
Programs and Services, Tourism Sales and Marketing, page
151, Contributions, $377,586.
Very respectfully,
Speaker of the House
Received as information.
Veto 33 Part IA, Section 26, Dept of Parks, Recreation and Tourism,
Programs and Services, Tourism Sales and Marketing, page
151, Contributions, $377,586.
The veto of the Governor was taken up for immediate consideration.
Senator MARTIN moved that the veto of the Governor be overridden.
The question was put: "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"
The "ayes" and "nays" were demanded and taken, resulting as follows:
AYES
Alexander Anderson Courson Cromer Elliott Fair Ford Giese Glover Gregory Hayes Hutto Jackson Land Leatherman Leventis Malloy Martin Matthews McConnell McGill Mescher Moore O'Dell Patterson Peeler Rankin Ravenel Reese Richardson Ritchie Setzler Sheheen Short Smith, J. Verne Thomas Verdin Waldrep
Branton Grooms Hawkins Knotts Kuhn Ryberg
The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.
Columbia, S.C., May 26, 2004
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R333, H. 4925 by a vote of 79 to 32:
Veto 34 Part IA, Section 26, Dept of Parks, Recreation and Tourism,
Programs and Services, Tourism Sales and Marketing, page
152, Palmetto Bowl, $380,000.
Very respectfully,
Speaker of the House
Received as information.
Veto 34 Part IA, Section 26, Dept of Parks, Recreation and Tourism,
Programs and Services, Tourism Sales and Marketing, page
152, Palmetto Bowl, $380,000.
The veto of the Governor was taken up for immediate consideration.
Senator LEATHERMAN moved that the veto of the Governor be overridden.
Senator HUTTO spoke on the veto.
Senator HUTTO moved that the veto of the Governor be sustained.
Senator GIESE spoke on the veto.
Senator McCONNELL spoke on the veto.
The question was put: "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Cromer Elliott Fair Ford Grooms
Land Leatherman Leventis Martin Matthews McConnell Mescher McGill* Moore Peeler Richardson Ritchie Short Thomas Waldrep
Branton Courson Giese Gregory Hawkins Hayes Hutto Knotts Kuhn Malloy Patterson Rankin Reese Ryberg Setzler Sheheen Verdin
*This Senator was not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate, with unanimous consent.
The necessary two-thirds vote not having been received, the veto of the Governor was sustained, and a message was sent to the House accordingly.
Having voted on the prevailing side, Senator REESE moved to reconsider the vote whereby Veto 34 was sustained.
The motion to reconsider the vote whereby Veto 34 was sustained was adopted.
The question then was put: "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"
By a division vote of 30-5, and the necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.
Senator JACKSON desired to be recorded as abstaining from voting on Veto 34.
Columbia, S.C., May 26, 2004
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R333, H. 4925 by a vote of 107 to 4:
Veto 35 Part IA, Section 26, Dept of Parks, Recreation and Tourism,
Programs and Services, Rec, Planning, Eng., page 152, Other
Operating Expenses, $91,394.
Very respectfully,
Speaker of the House
Received as information.
Veto 35 Part IA, Section 26, Dept of Parks, Recreation and Tourism,
Programs and Services, Rec, Planning, Eng., page 152, Other
Operating Expenses, $91,394.
The veto of the Governor was taken up for immediate consideration.
Senator MARTIN moved that the veto of the Governor be overridden.
The question was put: "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"
The "ayes" and "nays" were demanded and taken, resulting as follows:
AYES
Alexander Anderson Courson Cromer Elliott Fair
Ford Giese Glover Gregory Hayes Hutto Jackson Land Leatherman Leventis Malloy Martin Matthews McConnell McGill Mescher Moore O'Dell Patterson Peeler Rankin Ravenel Reese Richardson Ritchie Setzler Sheheen Short Smith, J. Verne Thomas Verdin Waldrep
Branton Grooms Hawkins Knotts Kuhn Ryberg
The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.
Columbia, S.C., May 26, 2004
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R333, H. 4925 by a vote of 93 to 20:
Veto 36 Part IA, Section 26, Dept of Parks, Recreation and Tourism,
Programs and Services, Communications, page 153, Other
Operating Exp. $25,000.
Very respectfully,
Speaker of the House
Received as information.
Veto 36 Part IA, Section 26, Dept of Parks, Recreation and Tourism,
Programs and Services, Communications, page 153, Other
Operating Exp. $25,000.
The veto of the Governor was taken up for immediate consideration.
Senator LEATHERMAN spoke on the veto.
Senator WALDREP moved that the veto of the Governor be overridden.
Senator RICHARDSON spoke on the veto.
The question was put: "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"
The "ayes" and "nays" were demanded and taken, resulting as follows:
AYES
Alexander Anderson Branton Cromer Elliott Fair Ford Glover Hutto Land Leatherman Leventis Malloy Martin Matthews McGill Moore O'Dell Patterson Peeler Rankin Reese Short Smith, J. Verne Thomas Verdin Waldrep
Courson Giese Gregory Grooms Hawkins Hayes Knotts Kuhn McConnell Mescher Richardson Ryberg Setzler Sheheen
The necessary two-thirds vote not having been received, Veto 36 of the Governor was sustained.
Having voted on the prevailing side, Senator RICHARDSON moved to reconsider the vote whereby Veto 36 was sustained.
The motion to reconsider the vote whereby Veto 36 was sustained was adopted.
The question then was "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"
By a division vote of 25-8 and the necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.
Senator GROOMS desired to be recorded as voting to sustain Veto 36.
Columbia, S.C., May 26, 2004
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R333, H. 4925 by a vote of 97 to 17:
Veto 37 Part IA, Section 26, Dept of Parks, Recreation and Tourism,
Programs and Services, Research and Policy, page 153,
Classified Positions $211,020.
Very respectfully,
Speaker of the House
Received as information.
Veto 37 Part IA, Section 26, Dept of Parks, Recreation and Tourism,
Programs and Services, Research and Policy, page 153,
Classified Positions $211,020.
The veto of the Governor was taken up for immediate consideration.
Senator LEATHERMAN spoke on the veto.
Senator WALDREP moved that the veto of the Governor be overridden.
Senator RICHARDSON spoke on the veto.
The question was put: "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"
The "ayes" and "nays" were demanded and taken, resulting as follows:
AYES
Alexander Anderson Branton Cromer Elliott Fair Ford Glover Hutto Land Leatherman Leventis Malloy Martin Matthews McGill Moore O'Dell Patterson Peeler Rankin Reese Short Smith, J. Verne Thomas Verdin Waldrep
Courson Giese Gregory Grooms Hawkins Hayes Knotts Kuhn McConnell Mescher Richardson Ryberg Setzler Sheheen
The necessary two-thirds vote not having been received, Veto #37 of the Governor was sustained.
Having voted on the prevailing side, Senator RICHARDSON moved to reconsider the vote whereby Veto 37 was sustained.
The motion to reconsider the vote whereby Veto 37 was sustained was adopted.
The question then was "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"
By a division vote of 25-8 and the necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.
Senator GROOMS desired to be recorded as voting to sustain Veto 37.
Columbia, S.C., May 26, 2004
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R333, H. 4925 by a vote of 93 to 16:
Veto 38 Part IA, Section 26, Dept of Parks, Recreation and Tourism,
Administrative Services, page 151, Other Personal Services,
$13,215.
Very respectfully,
Speaker of the House
Received as information.
Veto 38 Part IA, Section 26, Dept of Parks, Recreation and Tourism,
Administrative Services, page 151, Other Personal Services,
$13,215.
The veto of the Governor was taken up for immediate consideration.
Senator LEATHERMAN spoke on the veto.
Senator WALDREP moved that the veto of the Governor be overridden.
Senator RICHARDSON spoke on the veto.
The question was put: "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"
The "ayes" and "nays" were demanded and taken, resulting as follows:
AYES
Alexander Anderson Branton Cromer Elliott Fair Ford Glover Hutto Land Leatherman Leventis Malloy Martin Matthews McGill Moore O'Dell Patterson Peeler Rankin Reese Short Smith, J. Verne Thomas Verdin Waldrep
Courson Giese Gregory Grooms Hawkins Hayes Knotts Kuhn McConnell Mescher Richardson Ryberg Setzler Sheheen
The necessary two-thirds vote not having been received, Veto 38 of the Governor was sustained.
Having voted on the prevailing side, Senator RICHARDSON moved to reconsider the vote whereby Veto 38 was sustained.
The motion to reconsider the vote whereby Veto 38 was sustained was adopted.
The question then was "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"
By a division vote of 25-8 and the necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.
Senator GROOMS desired to be recorded as voting to sustain Veto 38.
Columbia, S.C., May 26, 2004
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R333, H. 4925 by a vote of 100 to 14:
Veto 39 Part IA, Section 27, Department of Commerce, Programs and
Services, Community and Rural Development, page 156,
Classified Positions $39,663.
Very respectfully,
Speaker of the House
Received as information.
Veto 39 Part IA, Section 27, Department of Commerce, Programs
and Services, Community and Rural Development, page
156, Classified Positions $39,663.
The veto of the Governor was taken up for immediate consideration.
Senator MARTIN moved that the veto of the Governor be overridden.
The question was put: "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"
The "ayes" and "nays" were demanded and taken, resulting as follows:
AYES
Alexander Anderson Courson Cromer Elliott Fair Ford Giese Glover Gregory Hayes Hutto Jackson Land Leatherman Leventis Malloy Martin Matthews McConnell McGill Mescher Moore O'Dell Patterson Peeler Rankin Ravenel Reese Richardson Ritchie Setzler Sheheen Short Smith, J. Verne Thomas Verdin Waldrep
Branton Grooms Hawkins Knotts Kuhn Ryberg
Columbia, S.C., May 26, 2004
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R333, H. 4925 by a vote of 94 to 14:
Veto 40 Part IA, Section 27, Department of Commerce, Programs and
Services, Community and Rural Development, page 156,
Unclassified Positions $75,000.
Very respectfully,
Speaker of the House
Received as information.
Veto 40 Part IA, Section 27, Department of Commerce, Programs and
Services, Community and Rural Development, page 156,
Unclassified Positions $75,000.
The veto of the Governor was taken up for immediate consideration.
Senator MARTIN moved that the veto of the Governor be overridden.
The question was put: "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"
The "ayes" and "nays" were demanded and taken, resulting as follows:
AYES
Alexander Anderson Courson Cromer Elliott Fair
Ford Giese Glover Gregory Hayes Hutto Jackson Knotts Land Leatherman Leventis Malloy Martin Matthews McConnell McGill Mescher Moore O'Dell Patterson Peeler Rankin Ravenel Reese Richardson Ritchie Setzler Sheheen Short Smith, J. Verne Thomas Verdin Waldrep
Branton Grooms Hawkins Kuhn Ryberg
The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.
Columbia, S.C., May 26, 2004
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R333, H. 4925 by a vote of 98 to 16:
Veto 41 Part IA, Section 27, Department of Commerce, Programs and
Services, Aeronautics, page 158, Unclassified Positions
$82,759.
Very respectfully,
Speaker of the House
Received as information.
Veto 41 Part IA, Section 27, Department of Commerce, Programs and
Services, Aeronautics, page 158, Unclassified Positions
$82,759.
The veto of the Governor was taken up for immediate consideration.
Senator MARTIN moved that the veto of the Governor be overridden.
The question was put: "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"
The "ayes" and "nays" were demanded and taken, resulting as follows:
AYES
Alexander Anderson Courson Cromer Elliott Fair Ford Giese Glover Gregory Hayes Hutto Jackson Knotts Land Leatherman Leventis Malloy Martin Matthews McConnell McGill Mescher Moore O'Dell Patterson Peeler Rankin Ravenel Reese Richardson Ritchie Setzler Sheheen Short Smith, J. Verne Thomas Verdin Waldrep
Branton Grooms Hawkins Kuhn Ryberg
Columbia, S.C., May 26, 2004
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R333, H. 4925 by a vote of 99 to 15:
Veto 42 Part IA, Section 53, Department of Transportation, Mass
Transit, page 221, Aid to Other Entities, $100,990.
Very respectfully,
Speaker of the House
Received as information.
Veto 42 Part IA, Section 53, Department of Transportation, Mass
Transit, page 221,Aid to Other Entities, $100,990.
The veto of the Governor was taken up for immediate consideration.
Senator MARTIN moved that the veto of the Governor be overridden.
The question was put: "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"
The "ayes" and "nays" were demanded and taken, resulting as follows:
AYES
Alexander Anderson Courson Cromer Elliott Fair Ford Giese Glover Gregory Hayes Hutto
Jackson Land Leatherman Leventis Malloy Martin Matthews McGill Mescher Moore O'Dell Patterson Peeler Rankin Ravenel Reese Richardson Ritchie Setzler Sheheen Short Smith, J. Verne Thomas Verdin Waldrep
Branton Grooms Hawkins Knotts Kuhn McConnell Ryberg
The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.
Columbia, S.C., May 26, 2004
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R333, H. 4925 by a vote of 96 to 7:
Veto 43 Part IA, Section 61, Adjutant General's Office, Other
Operating Expenses, page 252, Funeral Caisson, $99,000.
Very respectfully,
Speaker of the House
Received as information.
Veto 43 Part IA, Section 61, Adjutant General's Office, Other
Operating Expenses, page 252, Funeral Caisson, $99,000.
The veto of the Governor was taken up for immediate consideration.
Senator MARTIN moved that the veto of the Governor be overridden.
The question was put: "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"
The "ayes" and "nays" were demanded and taken, resulting as follows:
AYES
Alexander Anderson Courson Cromer Elliott Fair Ford Giese Glover Gregory Hayes Hutto Jackson Knotts Land Leatherman Leventis Malloy Martin Matthews McConnell McGill Mescher Moore O'Dell Patterson Peeler Rankin Ravenel Reese Richardson Ritchie Setzler Sheheen Short Smith, J. Verne Thomas Verdin Waldrep
Branton Grooms Hawkins Kuhn Ryberg
Columbia, S.C., May 26, 2004
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R333, H. 4925 by a vote of 89 to 12:
Veto 44 Part IA, Section 63, Budget and Control Board, Board
Administration, Other Operating Expenses, page 258,
$225,270.
Very respectfully,
Speaker of the House
Received as information.
Veto 44 Part IA, Section 63, Budget and Control Board, Board
Administration, Other Operating Expenses, page 258,
$225,270.
The veto of the Governor was taken up for immediate consideration.
Senator MARTIN moved that the veto of the Governor be overridden.
The question was put: "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"
The "ayes" and "nays" were demanded and taken, resulting as follows:
AYES
Alexander Anderson Courson Cromer Elliott Fair
Ford Giese Glover Gregory Hayes Hutto Jackson Land Leatherman Leventis Malloy Martin Matthews McGill Mescher Moore O'Dell Patterson Peeler Rankin Ravenel Reese Richardson Ritchie Setzler Sheheen Short Smith, J. Verne Thomas Verdin Waldrep
Branton Grooms Hawkins Knotts Kuhn McConnell Ryberg
The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.
Columbia, S.C., May 26, 2004
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R333, H. 4925 by a vote of 108 to 1:
Veto 45 Part IA, Section 63, Budget and Control Board, Office of
Executive Director, Board Administration, page 258,
Veterans' Memorial, $250,000.
Very respectfully,
Speaker of the House
Received as information.
Veto 45 Part IA, Section 63, Budget and Control Board, Office of
Executive Director, Board Administration, page 258,
Veterans' Memorial, $250,000.
The veto of the Governor was taken up for immediate consideration.
Senator MARTIN moved that the veto of the Governor be overridden.
The question was put: "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Branton Courson Cromer Elliott Fair Ford Giese Glover Gregory Grooms Hayes Hutto Jackson Knotts Land Leatherman Leventis Malloy Martin Matthews McConnell McGill Mescher Moore O'Dell Patterson Peeler Rankin Ravenel Reese Richardson Ritchie Setzler Sheheen Short Smith, J. Verne Thomas Verdin Waldrep
Hawkins Kuhn Ryberg
Columbia, S.C., May 26, 2004
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R333, H. 4925 by a vote of 97 to 9:
Veto 46 Part IA, Section 63, Budget and Control Board, Economic
Research, Other Operating Expenses, page 261, $110,400.
Very respectfully,
Speaker of the House
Received as information.
Veto 46 Part IA, Section 63, Budget and Control Board, Economic
Research, Other Operating Expenses, page 261, $110,400.
The veto of the Governor was taken up for immediate consideration.
Senator MARTIN moved that the veto of the Governor be overridden.
The question was put: "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Courson Cromer Elliott Fair Ford Giese Glover Gregory Hayes Hutto
Jackson Land Leatherman Leventis Malloy Martin Matthews McConnell McGill Mescher Moore O'Dell Patterson Peeler Rankin Ravenel Reese Richardson Ritchie Setzler Sheheen Short Smith, J. Verne Thomas Verdin Waldrep
Branton Grooms Hawkins Knotts Kuhn Ryberg
The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.
Columbia, S.C., May 26, 2004
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R333, H. 4925 by a vote of 101 to 6:
Veto 47 Part IA, Section 63, Budget and Control Board, Digital
Cartography, Other Operating Expenses, page 261, $33,200.
Very respectfully,
Speaker of the House
Received as information.
Veto 47 Part IA, Section 63, Budget and Control Board, Digital
Cartography, Other Operating Expenses, page 261, $33,200.
The veto of the Governor was taken up for immediate consideration.
Senator MARTIN moved that the veto of the Governor be overridden.
The question was put: "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Courson Cromer Elliott Fair Ford Giese Glover Gregory Hayes Hutto Jackson Knotts Land Leatherman Leventis Malloy Martin Matthews McConnell McGill Mescher Moore O'Dell Patterson Peeler Rankin Ravenel Reese Richardson Ritchie Setzler Sheheen Short Smith, J. Verne Thomas Verdin Waldrep
Branton Grooms Hawkins Kuhn Ryberg
The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.
Columbia, S.C., May 26, 2004
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R333, H. 4925 by a vote of 102 to 9:
Veto 48 Part IA, Section 63, Budget and Control Board, Budget and
Analyses Division, Board of Economic Advisors, page 262,
Other Operating Expenses, $122,992.
Very respectfully,
Speaker of the House
Received as information.
Veto 48 Part IA, Section 63, Budget and Control Board, Budget and
Analyses Division, Board of Economic Advisors, page 262,
Other Operating Expenses, $122,992.
The veto of the Governor was taken up for immediate consideration.
Senator LEATHERMAN moved that the veto of the Governor be overridden.
The question was put: "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Cromer Elliott Fair Ford Giese Glover Hayes Hutto Jackson Land Leatherman Leventis Malloy Martin Matthews McGill Mescher Moore Patterson
Peeler Rankin Reese Setzler Sheheen Short Smith, J. Verne Thomas Verdin Waldrep
Branton Courson Gregory Grooms Hawkins Knotts Kuhn McConnell Ravenel Richardson Ritchie Ryberg
The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.
Columbia, S.C., May 26, 2004
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R333, H. 4925 by a vote of 100 to 9:
Veto 49 Part IA, Section 63, Budget and Control Board, Office of
Human Resources, Other Operating Expenses, page 262,
$774,678.
Very respectfully,
Speaker of the House
Received as information.
Veto 49 Part IA, Section 63, Budget and Control Board, Office of
Human Resources, Other Operating Expenses, page 262,
$774,678.
The veto of the Governor was taken up for immediate consideration.
Senator MARTIN moved that the veto of the Governor be overridden.
The question was put: "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Courson Cromer Elliott Fair Ford Giese Glover Gregory Hayes Hutto Jackson Knotts Land Leatherman Leventis Malloy Martin Matthews McConnell McGill Mescher Moore O'Dell Patterson Peeler Rankin Ravenel Reese Richardson Ritchie Setzler Sheheen Short Smith, J. Verne Thomas Verdin Waldrep
Branton Grooms Hawkins Kuhn Ryberg
The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.
Columbia, S.C., May 26, 2004
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R333, H. 4925 by a vote of 107 to 8:
Veto 50 Part IA, Section 63, Budget and Control Board, Insurance and
Grants Division, Office of Local Government, page 269,
SC Rural Infrastructure Bank Trust Fund, $30,000.
Very respectfully,
Speaker of the House
Received as information.
Veto 50 Part IA, Section 63, Budget and Control Board, Insurance and
Grants Division, Office of Local Government, page 269,
SC Rural Infrastructure Bank Trust Fund, $30,000.
The veto of the Governor was taken up for immediate consideration.
Senator MARTIN moved that the veto of the Governor be overridden.
The question was put: "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"
The "ayes" and "nays" were demanded and taken, resulting as follows:
AYES
Alexander Anderson Courson Cromer Elliott Fair Ford Giese Glover Gregory Hayes Hutto Jackson Knotts Land Leatherman Leventis Malloy
Martin Matthews McGill Mescher Moore O'Dell Patterson Peeler Rankin Ravenel Reese Richardson Ritchie Setzler Sheheen Short Smith, J. Verne Thomas Verdin Waldrep
Branton Grooms Hawkins Kuhn McConnell Ryberg
The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.
Columbia, S.C., May 26, 2004
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R333, H. 4925 by a vote of 95 to 10:
Veto 51 Part IA, Section 63, Budget and Control Board, State CIO
Division, CIO Chief Technology Officer, page 271, Total
CIO Chief Technology Officer, $313,883.
Very respectfully,
Speaker of the House
Received as information.
Veto 51 Part IA, Section 63, Budget and Control Board, State CIO
Division, CIO Chief Technology Officer, page 271, Total
CIO Chief Technology Officer, $313,883.
The veto of the Governor was taken up for immediate consideration.
Senator MARTIN moved that the veto of the Governor be overridden.
The question was put: "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"
The "ayes" and "nays" were demanded and taken, resulting as follows:
AYES
Alexander Anderson Courson Cromer Elliott Fair Ford Giese Glover Gregory Hayes Hutto Jackson Land Leatherman Leventis Malloy Martin Matthews McGill Mescher Moore O'Dell Patterson Peeler Rankin Ravenel Reese Richardson Ritchie Setzler Sheheen Short Smith, J. Verne Thomas Verdin Waldrep
Branton Grooms Hawkins Knotts Kuhn McConnell Ryberg
The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.
Columbia, S.C., May 26, 2004
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R333, H. 4925 by a vote of 99 to 7:
Veto 52 Part IB, Section 1.23, Department of Education, page 294,
SDE: Mathematics and Science Unit of the Office
of Curriculum and Standards.
Very respectfully,
Speaker of the House
Received as information.
Veto 52 Part IB, Section 1.23, Department of Education, page 294,
SDE: Mathematics and Science Unit of the Office
of Curriculum and Standards.
The veto of the Governor was taken up for immediate consideration.
Senator MARTIN moved that the veto of the Governor be overridden.
The question was put: "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"
The "ayes" and "nays" were demanded and taken, resulting as follows:
AYES
Alexander Anderson Courson Cromer Elliott Fair Ford Giese Glover Hayes Hutto Jackson Knotts Land Leatherman Leventis Malloy Martin
Matthews McConnell McGill Mescher Moore O'Dell Patterson Peeler Rankin Ravenel Reese Richardson Ritchie Setzler Sheheen Short Smith, J. Verne Thomas Verdin Waldrep
Branton Gregory Grooms Hawkins Kuhn Ryberg
The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.
Columbia, S.C., May 26, 2004
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R333, H. 4925 by a vote of 93 to 18:
Veto 53 Part IB, Section 5A.27, Commission on Higher Education,
page 322, CHE: Excellence Enhancement Program
Additions.
Very respectfully,
Speaker of the House
Received as information.
Veto 53 Part IB, Section 5A.27, Commission on Higher Education,
page 322, CHE: Excellence Enhancement Program
Additions.
The veto of the Governor was taken up for immediate consideration.
Senator ALEXANDER moved that the veto of the Governor be sustained.
The question was put: Shall the Act become law, the veto of the Governor to the contrary notwithstanding?
The "ayes" and "nays" were demanded and taken, resulting as follows:
Courson Land Leatherman Leventis Matthews McGill * Moore O'Dell Patterson Reese Ritchie Setzler Short Waldrep
Alexander Branton Cromer Elliott Fair Ford Giese Glover Gregory Grooms Hawkins Hayes Hutto Jackson Knotts Kuhn Malloy Martin McConnell Mescher Peeler Richardson Ryberg Sheheen Thomas Verdin
*This Senator was not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate, with unanimous consent.
The necessary two-thirds vote not having been received, Veto 53 of the Governor was sustained, and a message was sent to the House accordingly.
Having voted on the prevailing side, Senator JACKSON moved to reconsider the vote whereby Veto 53 was sustained.
The motion to reconsider the vote whereby Veto #36 was sustained was adopted.
Senator SETZLER explained the veto.
The question then was put: "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"
By a division vote of 25-10, and the necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.
Columbia, S.C., May 26, 2004
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R333, H. 4925 by a vote of 99 to 5:
Veto 54 Part IB, Section 8.32, Department of Health and Human
Services, page 328, DHHS: Prescription Reimbursement
Payment Methodology.
Very respectfully,
Speaker of the House
Received as information.
Veto 54 Part IB, Section 8.32, Department of Health and Human
Services, page 328, DHHS: Prescription Reimbursement
Payment Methodology.
The veto of the Governor was taken up for immediate consideration.
Senator MARTIN moved that the veto of the Governor be overridden.
The question was put: "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"
The "ayes" and "nays" were demanded and taken, resulting as follows:
AYES
Alexander Anderson Branton Courson Cromer Elliott Fair Ford Giese Glover Gregory Grooms Hayes Hutto Jackson Knotts Land Leatherman Leventis Malloy Martin Matthews McConnell McGill Mescher Moore O'Dell Patterson Peeler Rankin Ravenel Reese Richardson Ritchie Setzler Sheheen Short Smith, J. Verne Thomas Verdin Waldrep
Hawkins Kuhn Ryberg
Columbia, S.C., May 26, 2004
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R333, H. 4925 by a vote of 95 to 11:
Veto 55 Part IB, Section 8.43, Department of Health and Human
Services, page 330, DHHS: Medicaid Quarterly Fiscal Impact
Statements.
Very respectfully,
Speaker of the House
Received as information.
Veto 55 Part IB, Section 8.43, Department of Health and Human
Services, page 330, DHHS: Medicaid Quarterly Fiscal Impact
Statements.
The veto of the Governor was taken up for immediate consideration.
Senator MARTIN moved that the veto of the Governor be overridden.
The question was put: "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"
The "ayes" and "nays" were demanded and taken, resulting as follows:
AYES
Alexander Anderson Courson Cromer Elliott Fair
Ford Giese Glover Gregory Hayes Hutto Jackson Land Leatherman Leventis Malloy Martin Matthews McGill Mescher Moore O'Dell Patterson Peeler Rankin Ravenel Reese Richardson Ritchie Setzler Sheheen Short Smith, J. Verne Thomas Verdin Waldrep
Branton Grooms Hawkins Knotts Kuhn McConnell Ryberg
The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.
Columbia, S.C., May 26, 2004
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R333, H. 4925 by a vote of 99 to 6:
Veto 56 Part IB, Section 8.48, Department of Health and Human
Services, page 330, DHHS: Ambulance Services
Reimbursement.
Very respectfully,
Speaker of the House
Received as information.
Veto 56 Part IB, Section 8.48, Department of Health and Human
Services, page 330, DHHS: Ambulance Services
Reimbursement.
The veto of the Governor was taken up for immediate consideration.
Senator MARTIN moved that the veto of the Governor be overridden.
The question was put: "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"
The "ayes" and "nays" were demanded and taken, resulting as follows:
AYES
Alexander Anderson Courson Cromer Elliott Fair Ford Giese Glover Gregory Hayes Hutto Jackson Knotts Land Leatherman Leventis Malloy Martin Matthews McConnell McGill Mescher Moore O'Dell Patterson Peeler Rankin Ravenel Reese Richardson Ritchie Setzler Sheheen Short Smith, J. Verne Thomas Verdin Waldrep
Branton Grooms Hawkins Kuhn Ryberg
Columbia, S.C., May 26, 2004
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R333, H. 4925 by a vote of 88 to 13:
Veto 57 Part IB, Section 13.20, Department of Social Services, page
344, DSS: C. R. Neal Learning Center.
Very respectfully,
Speaker of the House
Received as information.
Veto 57 Part IB, Section 13.20, Department of Social Services, page
344, DSS: C. R. Neal Learning Center.
The veto of the Governor was taken up for immediate consideration.
Senator MARTIN moved that the veto of the Governor be overridden.
The question was put: "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"
The "ayes" and "nays" were demanded and taken, resulting as follows:
AYES
Alexander Anderson Courson Cromer Elliott Fair Ford Giese Glover Gregory Hayes Hutto
Jackson Land Leatherman Leventis Malloy Martin Matthews McGill Mescher Moore O'Dell Patterson Peeler Rankin Ravenel Reese Richardson Ritchie Setzler Sheheen Short Smith, J. Verne Thomas Verdin Waldrep
Branton Grooms Hawkins Knotts Kuhn McConnell Ryberg
The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.
Columbia, S.C., May 26, 2004
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R333, H. 4925 by a vote of 101 to 7:
Veto 58 Part IB, Section 13.28, Department of Social Services, page
345, DSS: Child Care Services Providers Reimbursement
Rates.
Very respectfully,
Speaker of the House
Received as information.
Veto 58 Part IB, Section 13.28, Department of Social Services, page
345, DSS: Child Care Services Providers Reimbursement
Rates.
The veto of the Governor was taken up for immediate consideration.
Senator SHORT explained the veto.
Senator LEATHERMAN spoke on the veto.
Senator LEVENTIS spoke on the veto.
Senator LAND moved that the veto of the Governor be overridden.
The question was put: "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Cromer Elliott Ford Glover Jackson Land Leatherman Leventis Malloy Martin Matthews McGill Mescher Moore Patterson Rankin Reese Ritchie Setzler Smith, J. Verne
Branton Courson Fair Giese Gregory Grooms Hawkins Hayes Hutto Knotts Kuhn McConnell Peeler Ravenel Richardson
Ryberg Sheheen Short Thomas Verdin Waldrep
The necessary two-thirds vote not having been received, the veto of the Governor was sustained, and a message was sent to the House accordingly.
At 2:47 P.M., Senator LEATHERMAN made the point that a quorum was not present. It was ascertained that a quorum was present. The Senate resumed.
Columbia, S.C., May 26, 2004
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R333, H. 4925 by a vote of 112 to 3:
Veto 59 Part IB, Section 23.9, Clemson University - PSA, page 350,
CU-PSA: Sandhills Revenue.
Very respectfully,
Speaker of the House
Received as information.
Veto 59 Part IB, Section 23.9, Clemson University - PSA, page 350,
CU-PSA: Sandhills Revenue.
The veto of the Governor was taken up for immediate consideration.
Senator MARTIN moved that the veto of the Governor be overridden.
The question was put: "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"
The "ayes" and "nays" were demanded and taken, resulting as follows:
AYES
Alexander Anderson Courson Cromer Elliott Fair Ford Giese Glover Gregory Hayes Hutto Jackson Knotts Land Leatherman Leventis Malloy Martin Matthews McConnell McGill Mescher Moore O'Dell Patterson Peeler Rankin Ravenel Reese Richardson Ritchie Setzler Sheheen Short Smith, J. Verne Thomas Verdin Waldrep
Branton Grooms Hawkins Kuhn Ryberg
The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.
Columbia, S.C., May 26, 2004
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R333, H. 4925 by a vote of 106 to 7:
Veto 60 Part IB, Section 73.9, Statewide Revenue, page 440, SR:
Personnel for Increased Enforcement Collections, (2) P28-
Department of Parks, Recreation and Tourism. $1,998,501.
Very respectfully,
Speaker of the House
Received as information.
Veto 60 Part IB, Section 73.9, Statewide Revenue, page 440, SR:
Personnel for Increased Enforcement Collections, (2) P28-
Department of Parks, Recreation and Tourism. $1,998,501.
The veto of the Governor was taken up for immediate consideration.
Senator MARTIN moved that the veto of the Governor be overridden.
The question was put: "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"
The "ayes" and "nays" were demanded and taken, resulting as follows:
AYES
Alexander Anderson Courson Cromer Elliott Fair Ford Giese Glover Gregory Hayes Hutto Jackson Knotts Land Leatherman Leventis Malloy Martin Matthews McConnell McGill Mescher Moore O'Dell Patterson Peeler Rankin Ravenel Reese Richardson Ritchie Setzler
Sheheen Short Smith, J. Verne Thomas Verdin Waldrep
Branton Grooms Hawkins Kuhn Ryberg
The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.
Columbia, S.C., May 26, 2004
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R333, H. 4925 by a vote of 92 to 19:
Veto 61 Part IB, Section 24.22, Department of Natural Resources,
page 353, DNR: Retirement Incentive.
Very respectfully,
Speaker of the House
Received as information.
Veto 61 Part IB, Section 24.22, Department of Natural Resources,
page 353, DNR: Retirement Incentive.
The veto of the Governor was taken up for immediate consideration.
Senator MARTIN moved that the veto of the Governor be overridden.
The question was put: "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"
The "ayes" and "nays" were demanded and taken, resulting as follows:
AYES
Alexander Anderson Courson Cromer Elliott Fair Ford Giese Glover Gregory Hayes Hutto Jackson Land Leatherman Leventis Malloy Martin Matthews McGill Mescher Moore O'Dell Patterson Peeler Rankin Ravenel Reese Richardson Ritchie Setzler Sheheen Short Smith, J. Verne Thomas Verdin Waldrep
Branton Grooms Hawkins Knotts Kuhn McConnell Ryberg
The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.
Columbia, S.C., May 26, 2004
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R333, H. 4925 by a vote of 84 to 32:
Veto 62 Part IB, Section 26.1, Department of Parks, Recreation and
Tourism, page 353, PRT: Canadian Day.
Very respectfully,
Speaker of the House
Received as information.
Veto 62 Part IB, Section 26.1, Department of Parks, Recreation and
Tourism, page 353, PRT: Canadian Day.
The veto of the Governor was taken up for immediate consideration.
Senator MARTIN moved that the veto of the Governor be overridden.
The question was put: "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Courson Cromer Elliott Fair Ford Giese Glover Gregory Hayes Hutto Jackson Knotts Land Leatherman Leventis Malloy Martin Matthews McGill Mescher Moore O'Dell
Patterson Peeler Rankin Ravenel Reese Richardson Ritchie Setzler Sheheen Short Smith, J. Verne Thomas Verdin Waldrep
Branton Grooms Hawkins Kuhn McConnell Ryberg
The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.
Columbia, S.C., May 26, 2004
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R333, H. 4925 by a vote of 82 to 27:
Veto 63 Part IB, Section 26.6, Department of Parks, Recreation and
Tourism, page 353, PRT: Palmetto Bowl Funding.
Very respectfully,
Speaker of the House
Received as information.
Veto 63 Part IB, Section 26.6, Department of Parks, Recreation and
Tourism, page 353, PRT: Palmetto Bowl Funding.
The veto of the Governor was taken up for immediate consideration.
Senator LEATHERMAN moved that the veto of the Governor be overridden.
Senator HUTTO spoke on the veto.
Senator HUTTO moved that the veto of the Governor be sustained.
Senator GIESE spoke on the veto.
Senator McCONNELL spoke on the veto.
The question was put: "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Cromer Elliott Fair Ford Grooms Land Leatherman Leventis Martin Matthews McConnell Mescher McGill* Moore Peeler Richardson Ritchie Short Thomas Waldrep
Branton Courson Giese Gregory Hawkins Hayes Hutto Knotts Kuhn Malloy Patterson Rankin Reese Ryberg Setzler Sheheen Verdin
*This Senator was not present in the Chamber at the time the vote was taken and the vote was recorded by leave of the Senate, with unanimous consent.
Having voted on the prevailing side, Senator REESE moved to reconsider the vote whereby Veto 63 was sustained.
The motion to reconsider the vote whereby Veto 63 was sustained was adopted.
The question then was put: "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"
By a division vote of 30-5, and the necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.
Senator JACKSON desired to be recorded as abstaining from voting on Veto 63.
Columbia, S.C., May 26, 2004
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R333, H. 4925 by a vote of 99 to 12:
Veto 64 Part IB, Section 26.8, Department of Parks, Recreation and
Tourism, page 354, PRT: Litter Control Program Transfer.
Very respectfully,
Speaker of the House
Received as information.
Veto 64 Part IB, Section 26.8, Department of Parks, Recreation and
Tourism, page 354, PRT: Litter Control Program Transfer.
The veto of the Governor was taken up for immediate consideration.
Senator MARTIN moved that the veto of the Governor be overridden.
The question was put: "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"
The "ayes" and "nays" were demanded and taken, resulting as follows:
AYES
Alexander Anderson Courson Cromer Elliott Fair Ford Giese Glover Gregory Hayes Hutto Jackson Knotts Land Leatherman Leventis Malloy Martin Matthews McConnell McGill Mescher Moore O'Dell Patterson Peeler Rankin Ravenel Reese Richardson Ritchie Setzler Sheheen Short Smith, J. Verne Thomas Verdin Waldrep
Branton Grooms Hawkins Kuhn Ryberg
The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.
Columbia, S.C., May 26, 2004
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R333, H. 4925 by a vote of 95 to 11:
Veto 65 Part IB, Section 26.11, Department of Parks, Recreation and
Tourism, page 354, PRT: Litter Control.
Very respectfully,
Speaker of the House
Received as information.
Veto 65 Part IB, Section 26.11, Department of Parks, Recreation and
Tourism, page 354, PRT: Litter Control.
The veto of the Governor was taken up for immediate consideration.
Senator MARTIN moved that the veto of the Governor be overridden.
The question was put: "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"
The "ayes" and "nays" were demanded and taken, resulting as follows:
AYES
Alexander Anderson Courson Cromer Elliott Fair Ford Giese Glover Gregory Hayes Hutto Jackson Knotts Land Leatherman Leventis Malloy Martin Matthews McConnell McGill Mescher Moore
O'Dell Patterson Peeler Rankin Ravenel Reese Richardson Ritchie Setzler Sheheen Short Smith, J. Verne Thomas Verdin Waldrep
Branton Grooms Hawkins Kuhn Ryberg
The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.
Columbia, S.C., May 26, 2004
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R333, H. 4925 by a vote of 108 to 3:
Veto 66 Part IB, Section 27.6, Department of Commerce, page 355,
CMRC: Aeronautics - Office Space Rental.
Very respectfully,
Speaker of the House
Received as information.
Veto 66 Part IB, Section 27.6, Department of Commerce, page 355,
CMRC: Aeronautics - Office Space Rental.
The veto of the Governor was taken up for immediate consideration.
Senator MARTIN moved that the veto of the Governor be overridden.
The question was put: "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"
The "ayes" and "nays" were demanded and taken, resulting as follows:
AYES
Alexander Anderson Courson Cromer Elliott Fair Ford Giese Glover Hayes Hutto Jackson Land Leatherman Leventis Malloy Martin Matthews McGill Mescher Moore O'Dell Patterson Peeler Rankin Ravenel Reese Richardson Ritchie Setzler Sheheen Short Smith, J. Verne Thomas Verdin Waldrep
Branton Gregory Grooms Hawkins Knotts Kuhn McConnell Ryberg
The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.
Columbia, S.C., May 26, 2004
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R333, H. 4925 by a vote of 106 to 3:
Veto 67 Part IB, Section 27.19, Department of Commerce, page 357,
CMRC: Local Government Fund Repayment.
Very respectfully,
Speaker of the House
Received as information.
Veto 67 Part IB, Section 27.19, Department of Commerce, page 357,
CMRC: Local Government Fund Repayment.
The veto of the Governor was taken up for immediate consideration.
Senator LEVENTIS spoke on the veto.
Senator PEELER spoke on the veto.
Senators LEATHERMAN and PEELER moved that the veto of the Governor be sustained.
The question was put: Shall the Act become law, the veto of the Governor to the contrary notwithstanding?
The "ayes" and "nays" were demanded and taken, resulting as follows:
Ford Hutto Knotts Malloy Matthews Moore Setzler Sheheen Verdin
Alexander Branton Cromer Elliott Giese Gregory Grooms Hawkins Hayes Jackson Kuhn Land Leatherman Leventis Martin McConnell Mescher O'Dell Patterson Peeler Reese Richardson Ritchie Ryberg Short Thomas
The necessary two-thirds vote not having been received, the veto of the Governor was sustained, and a message was sent to the House accordingly.
Having voted on the prevailing side, Senator JACKSON moved to reconsider the vote whereby Veto 67 was sustained.
The motion to reconsider failed.
Columbia, S.C., May 26, 2004
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R333, H. 4925 by a vote of 105 to 4:
Veto 68 Part IB, Section 27.23, Department of Commerce, page 357,
CMRC: Funding For I-73.
Very respectfully,
Speaker of the House
Received as information.
Veto 68 Part IB, Section 27.23, Department of Commerce, page 357,
CMRC: Funding For I-73.
The veto of the Governor was taken up for immediate consideration.
Senator MARTIN moved that the veto of the Governor be overridden.
The question was put: "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"
The "ayes" and "nays" were demanded and taken, resulting as follows:
AYES
Alexander Anderson Courson Cromer Elliott Fair Ford Giese Glover Hayes Hutto Jackson Knotts Land Leatherman Leventis Malloy Martin Matthews McGill Mescher Moore O'Dell Patterson Peeler Rankin Ravenel Reese Richardson Ritchie Setzler Sheheen Short Smith, J. Verne Thomas Verdin Waldrep
Branton Gregory Grooms Hawkins Kuhn McConnell Ryberg
Columbia, S.C., May 26, 2004
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R333, H. 4925 by a vote of 88 to 15:
Veto 69 Part IB, Section 29A.1, S.C. Conservation Bank, pages 357-
358, CB: Maintaining Database.
Very respectfully,
Speaker of the House
Received as information.
Veto 69 Part IB, Section 29A.1, S.C. Conservation Bank, pages 357-
358, CB: Maintaining Database.
The veto of the Governor was taken up for immediate consideration.
Senator RICHARDSON spoke on the veto.
Senator McGILL moved that the veto of the Governor be overridden.
The question was put: "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"
The "ayes" and "nays" were demanded and taken, resulting as follows:
Anderson Courson Elliott Ford Glover Hutto Land Leventis Matthews
McGill O'Dell Patterson Reese Short
Alexander Branton Cromer Fair Giese Gregory Grooms Hawkins Hayes Jackson Knotts Kuhn Leatherman Malloy Martin McConnell Mescher Moore Peeler Rankin Richardson Ritchie Ryberg Setzler Sheheen Smith, J. Verne Thomas Verdin Waldrep
The necessary two-thirds vote not having been received, Veto #69 of the Governor was sustained, and a message was sent to the House accordingly.
Columbia, S.C., May 26, 2004
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R333, H. 4925 by a vote of 101 to 8:
DPS: Special Events Traffic Control.
Very respectfully,
Speaker of the House
Received as information.
DPS: Special Events Traffic Control.
The veto of the Governor was taken up for immediate consideration.
Senator MARTIN moved that the veto of the Governor be overridden.
The question was put: "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"
The "ayes" and "nays" were demanded and taken, resulting as follows:
AYES
Alexander Anderson Courson Cromer Elliott Fair Ford Giese Glover Gregory Hayes Hutto Jackson Knotts Land Leatherman Leventis Malloy Martin Matthews McConnell McGill Mescher Moore O'Dell Patterson Peeler Rankin Ravenel Reese Richardson Ritchie Setzler Sheheen Short Smith, J. Verne Thomas Verdin Waldrep
Branton Grooms Hawkins Kuhn Ryberg
Columbia, S.C., May 26, 2004
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has sustained the veto by the Governor on R333, H. 4925 by a vote of 9 to 104:
Veto 71 Part IB, Section 47.4, Department of Insurance, page 378,
INS: State Accident Fund.
Very respectfully,
Speaker of the House
Received as information.
Columbia, S.C., May 26, 2004
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R333, H. 4925 by a vote of 87 to 24:
Veto 72 Part IB, Section 50.19, Department of Labor Licensing
Regulations, page 380, LLR: Funeral Home Inspectors.
Very respectfully,
Speaker of the House
Received as information.
Veto 72 Part IB, Section 50.19, Department of Labor Licensing
Regulations, page 380, LLR: Funeral Home Inspectors.
The veto of the Governor was taken up for immediate consideration.
Senator ALEXANDER moved that the veto of the Governor be sustained.
The question was put: Shall the Act become law, the veto of the Governor to the contrary notwithstanding?
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Branton Courson Cromer Elliott Fair Ford Giese Glover Gregory Grooms Hawkins Hayes Hutto Jackson Knotts Kuhn Land Leatherman Leventis Malloy Martin Matthews McConnell McGill Mescher Moore O'Dell Patterson Peeler Rankin Ravenel Reese Richardson Ritchie Ryberg Setzler Sheheen Short Smith, J. Verne Thomas Verdin Waldrep
The necessary two-thirds vote not having been received, Veto 72 of the Governor was sustained, and a message was sent to the House accordingly.
Columbia, S.C., May 26, 2004
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R333, H. 4925 by a vote of 86 to 23:
Veto 73 Part IB, Section 56DD.42, Governor's Office, page 392,
SLED-Video Poker.
Very respectfully,
Speaker of the House
Received as information.
Veto 73 Part IB, Section 56DD.42, Governor's Office, page 392,
SLED-Video Poker.
The veto of the Governor was taken up for immediate consideration.
Senator McCONNELL spoke on the veto.
Senator LEVENTIS spoke on the veto.
Senator LEVENTIS moved that the veto of the Governor be sustained.
The question was put: Shall the Act become law, the veto of the Governor to the contrary notwithstanding?
The "ayes" and "nays" were demanded and taken, resulting as follows:
Fair Gregory Grooms Hayes Martin O'Dell
Ryberg Short Thomas Verdin
Alexander Anderson Branton Courson Cromer Elliott Ford Giese Glover Hawkins Hutto Knotts Kuhn Land Leatherman Leventis Malloy Matthews McConnell McGill Mescher Moore Patterson Peeler Rankin Reese Richardson Ritchie Setzler Sheheen Smith, J. Verne Waldrep
The necessary two-thirds vote not having been received, Veto #73 of the Governor was sustained, and a message was sent to the House accordingly.
Columbia, S.C., May 26, 2004
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R333, H. 4925 by a vote of 100 to 6:
Veto 74 Part IB, Section 72.89, General Provisions, page 433, GP:
Division of Aeronautics Transfer.
Very respectfully,
Speaker of the House
Received as information.
Veto 74 Part IB, Section 72.89, General Provisions, page 433, GP:
Division of Aeronautics Transfer.
The veto of the Governor was taken up for immediate consideration.
Senator LEVENTIS spoke on the veto.
Mr. PRESIDENT and ladies and gentlemen of the Senate:
Let me address this for a moment to see if we can't work on the commitment that the Governor's staff made to me. We have been working all year to try to transfer the Aeronautics Division from the Department of Commerce.
While we don't believe it is absolutely necessary, we believe that Commerce -- not only this current administration, but under the past three administrations -- has not clearly understood Aeronautics and has diminished the capacity of the people at Aeronautics to support the airports in South Carolina. We have received letters from the Federal Aviation Administration expressing great concern about the condition of the airports.
Working with Rep. Walker, who has done a tremendous job, we have reached an agreement wherein Aeronautics will remain in Commerce, but will retain control of its money and its assets. This division will be dedicated solely to aeronautical endeavors which will help the airports in this State.
This administration, the previous administration, the one before that and the one before that all unfortunately saw Aeronautics as a ride. All the members recognize that these smaller airports across the State service industry and are some people's lifelines to the rest of the State and nation. Therefore, based upon the commitment from the Governor's Office through Mr. Tom Davis that we have reached an agreement to keep Aeronautics a part of Commerce, but independent and retaining its assets, with the Governor appointing some of the board, I would move to sustain the Governor's veto and work on H. 4537, the Bill that Mr. Walker has forwarded here with the agreement.
With that as the understanding, I would move to sustain the veto of the Governor and request a voice vote on it.
On motion of Senator RICHARDSON, with unanimous consent, Senator LEVENTIS's remarks were ordered printed in the Journal.
Senator LEVENTIS moved that the veto of the Governor be sustained.
The question was put: "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Branton Courson Cromer Elliott Fair Ford Giese Glover Gregory Grooms Hawkins Hayes Hutto Jackson Knotts Kuhn Land Leatherman Leventis Malloy Martin Matthews McConnell McGill Mescher Moore O'Dell Patterson Peeler Rankin Reese Richardson Ritchie Ryberg Short Thomas Verdin Waldrep
The necessary two-thirds vote not having been received, Veto 74 of the Governor was sustained, and a message was sent to the House accordingly.
Columbia, S.C., May 26, 2004
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overrode the veto by the Governor on R333, H. 4925 by a vote of 88 to 15:
Veto 75 Part IB, Section 72.104, General Provisions, page 436, GP:
Secure Juvenile Confinement.
Very respectfully,
Speaker of the House
Received as information.
Veto 75 Part IB, Section 72.104, General Provisions, page 436, GP:
Secure Juvenile Confinement.
The veto of the Governor was taken up for immediate consideration.
Senator MARTIN moved that the veto of the Governor be overridden.
The question was put: "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Courson Cromer Elliott Fair Ford Giese Glover Gregory Hayes Hutto Jackson Knotts Land Leatherman Leventis Malloy Martin Matthews McConnell McGill Mescher Moore
O'Dell Patterson Peeler Rankin Ravenel Reese Richardson Ritchie Setzler Sheheen Short Smith, J. Verne Thomas Verdin Waldrep
Branton Grooms Hawkins Kuhn Ryberg
The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.
Columbia, S.C., May 26, 2004
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overrode the veto by the Governor on R333, H. 4925 by a vote of 84 to 16:
Veto 76 Part IB, Section 72.111, General Provisions, page 438, GP:
Prison Medical Services Study.
Very respectfully,
Speaker of the House
Received as information.
Veto 76 Part IB, Section 72.111, General Provisions, page 438, GP:
Prison Medical Services Study.
The veto of the Governor was taken up for immediate consideration.
Senator JACKSON spoke on the veto.
Senator JACKSON moved that the veto of the Governor be overridden.
Senator FAIR spoke on the veto.
Senator FAIR moved that the veto of the Governor be sustained.
Senator LEVENTIS argued contra to the veto.
Senator PATTERSON argued contra to the veto.
The question was put: "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"
By a division vote of 27-13, and the necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.
Columbia, S.C., May 26, 2004
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R333, H. 4925 by a vote of 91 to 12:
Veto 77 Part IB, Section 73.10, General Provisions, page 442, SR:
Sale of Vehicles/Maintenance Facilities Closure Study.
Very respectfully,
Speaker of the House
Received as information.
Veto 77 Part IB, Section 73.10, General Provisions, page 442, SR:
Sale of Vehicles/Maintenance Facilities Closure Study.
The veto of the Governor was taken up for immediate consideration.
Senator MARTIN moved that the veto of the Governor be overridden.
The question was put: "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"
The "ayes" and "nays" were demanded and taken, resulting as follows:
AYES
Alexander Anderson Courson Cromer Elliott Fair Ford Giese Glover Gregory Hayes Hutto Jackson Knotts Land Leatherman Leventis Malloy Martin Matthews McGill Mescher Moore O'Dell Patterson Peeler Rankin Ravenel Reese Richardson Ritchie Setzler Sheheen Short Smith, J. Verne Thomas Verdin Waldrep
Branton Grooms Hawkins Kuhn McConnell Ryberg
The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.
Columbia, S.C., May 26, 2004
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R333, H. 4925 by a vote of 97 to 7:
Veto 78 Part IB, Section 73.17, Statewide Revenue, page 443, SR:
Repayment of Debt and Unobligated Funds, H73 Vocational
Rehabilitation.
Very respectfully,
Speaker of the House
Received as information.
Veto 78 Part IB, Section 73.17, Statewide Revenue, page 443, SR:
Repayment of Debt and Unobligated Funds, H73 Vocational
Rehabilitation.
The veto of the Governor was taken up for immediate consideration.
Senator MARTIN moved that the veto of the Governor be overridden.
The question was put: "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Courson Cromer Elliott Fair Ford Giese Glover Gregory Hayes Hutto Jackson Knotts Land Leatherman Leventis Malloy
Martin Matthews McConnell McGill Mescher Moore O'Dell Patterson Peeler Rankin Ravenel Reese Richardson Ritchie Setzler Sheheen Short Smith, J. Verne Thomas Verdin Waldrep
Branton Grooms Hawkins Kuhn Ryberg
The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.
Columbia, S.C., May 26, 2004
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R333, H. 4925 by a vote of 95 to 6:
Veto 79 Part IB, Section 73.17, Statewide Revenue, page 443, SR:
Repayment of Debt and Unobligated Funds, J16 Department
of Disabilities and Special Needs.
Very respectfully,
Speaker of the House
Received as information.
Veto 79 Part IB, Section 73.17, Statewide Revenue, page 443, SR:
Repayment of Debt and Unobligated Funds, J16 Department
of Disabilities and Special Needs.
The veto of the Governor was taken up for immediate consideration.
Senator MARTIN moved that the veto of the Governor be overridden.
The question was put: "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Courson Cromer Elliott Fair Ford Giese Glover Gregory Hayes Hutto Jackson Land Leatherman Leventis Malloy Martin Matthews McGill Mescher Moore O'Dell Patterson Peeler Rankin Ravenel Reese Richardson Ritchie Setzler Sheheen Short Smith, J. Verne Thomas Verdin Waldrep
Branton Grooms Hawkins Knotts Kuhn McConnell Ryberg
The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.
Columbia, S.C., May 26, 2004
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R333, H. 4925 by a vote of 99 to 6:
Veto 80 Part IB, Section 73.17, Statewide Revenue, page 443, SR:
Repayment of Debt and Unobligated Funds, J20 Department
of Alcohol and Other Drug Abuse Services.
Very respectfully,
Speaker of the House
Received as information.
Veto 80 Part IB, Section 73.17, Statewide Revenue, page 443, SR:
Repayment of Debt and Unobligated Funds, J20 Department
of Alcohol and Other Drug Abuse Services.
The veto of the Governor was taken up for immediate consideration.
Senator MARTIN moved that the veto of the Governor be overridden.
The question was put: "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"
The "ayes" and "nays" were demanded and taken, resulting as follows:
AYES
Alexander Anderson Courson Cromer Elliott Fair Ford Giese Glover Gregory Hayes Hutto Jackson Land Leatherman Leventis Malloy Martin
Matthews McGill Mescher Moore O'Dell Patterson Peeler Rankin Ravenel Reese Richardson Ritchie Setzler Sheheen Short Smith, J. Verne Thomas Verdin Waldrep
Branton Grooms Hawkins Knotts Kuhn McConnell Ryberg
The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.
Columbia, S.C., May 26, 2004
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R333, H. 4925 by a vote of 100 to 7:
Veto 81 Part IB, Section 73.17, Statewide Revenue, page 443, SR:
Repayment of Debt and Unobligated Funds, L04 Department
of Social Services.
Very respectfully,
Speaker of the House
Received as information.
Veto 81 Part IB, Section 73.17, Statewide Revenue, page 443, SR:
Repayment of Debt and Unobligated Funds, L04 Department
of Social Services.
The veto of the Governor was taken up for immediate consideration.
Senator MARTIN moved that the veto of the Governor be overridden.
The question was put: "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"
The "ayes" and "nays" were demanded and taken, resulting as follows:
AYES
Alexander Anderson Courson Cromer Elliott Fair Ford Giese Glover Gregory Hayes Hutto Jackson Land Leatherman Leventis Malloy Martin Matthews McGill Mescher Moore O'Dell Patterson Peeler Rankin Ravenel Reese Richardson Ritchie Setzler Sheheen Short Smith, J. Verne Thomas Verdin Waldrep
Branton Grooms Hawkins Knotts Kuhn McConnell Ryberg
The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.
Columbia, S.C., May 26, 2004
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R333, H. 4925 by a vote of 96 to 6:
Veto 82 Part IB, Section 73.17, Statewide Revenue, page 443, SR:
Repayment of Debt and Unobligated Funds, L24
Commission for the Blind.
Very respectfully,
Speaker of the House
Received as information.
Veto 82 Part IB, Section 73.17, Statewide Revenue, page 443, SR:
Repayment of Debt and Unobligated Funds, L24
Commission for the Blind.
The veto of the Governor was taken up for immediate consideration.
Senator MARTIN moved that the veto of the Governor be overridden.
The question was put: "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Courson Cromer Elliott Fair Ford Giese Glover Gregory Hayes Hutto Jackson Land Leatherman Leventis Malloy Martin Matthews McGill Mescher Moore O'Dell Patterson Peeler Rankin Ravenel Reese Richardson Ritchie Setzler Sheheen Short Smith, J. Verne Thomas Verdin Waldrep
Branton Grooms Hawkins Knotts Kuhn McConnell Ryberg
The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.
Columbia, S.C., May 26, 2004
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R333, H. 4925 by a vote of 98 to 5:
Veto 83 Part IB, Section 73.17, Statewide Revenue, page 443, SR:
Repayment of Debt and Unobligated Funds, B04 Judicial
Department.
Received as information.
Veto 83 Part IB, Section 73.17, Statewide Revenue, page 443, SR:
Repayment of Debt and Unobligated Funds, B04 Judicial
Department.
The veto of the Governor was taken up for immediate consideration.
Senator MARTIN moved that the veto of the Governor be overridden.
The question was put: "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"
The "ayes" and "nays" were demanded and taken, resulting as follows:
AYES
Alexander Anderson Courson Cromer Elliott Fair Ford Giese Glover Gregory Hayes Hutto Jackson Land Leatherman Leventis Malloy Martin Matthews McGill Mescher Moore O'Dell Patterson Peeler Rankin Ravenel Reese Richardson Ritchie Setzler Sheheen Short Smith, J. Verne Thomas Verdin Waldrep
Branton Grooms Hawkins Knotts Kuhn McConnell Ryberg
The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.
Columbia, S.C., May 26, 2004
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R333, H. 4925 by a vote of 99 to 6:
Veto 84 Part IB, Section 73.17, Statewide Revenue, page 443, SR:
Repayment of Debt and Unobligated Funds, N04 Department
of Corrections.
Very respectfully,
Speaker of the House
Received as information.
Veto 84 Part IB, Section 73.17, Statewide Revenue, page 443, SR:
Repayment of Debt and Unobligated Funds, N04 Department
of Corrections.
The veto of the Governor was taken up for immediate consideration.
Senator MARTIN moved that the veto of the Governor be overridden.
The question was put: "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"
The "ayes" and "nays" were demanded and taken, resulting as follows:
AYES
Alexander Anderson Courson Cromer Elliott Fair Ford Giese Glover Gregory Hayes Hutto Jackson Land Leatherman Leventis Malloy Martin Matthews McConnell McGill Mescher Moore O'Dell Patterson Peeler Rankin Ravenel Reese Richardson Ritchie Setzler Sheheen Short Smith, J. Verne Thomas Verdin Waldrep
Branton Grooms Hawkins Knotts Kuhn Ryberg
The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.
Columbia, S.C., May 26, 2004
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R333, H. 4925 by a vote of 100 to 6:
Veto 85 Part IB, Section 73.17, Statewide Revenue, page 444, SR:
Repayment of Debt and Unobligated Funds, N08 Department
of Probation, Parole and Pardon Services.
Very respectfully,
Speaker of the House
Received as information.
Veto 85 Part IB, Section 73.17, Statewide Revenue, page 444, SR:
Repayment of Debt and Unobligated Funds, N08 Department
of Probation, Parole and Pardon Services.
The veto of the Governor was taken up for immediate consideration.
Senator MARTIN moved that the veto of the Governor be overridden.
The question was put: "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"
The "ayes" and "nays" were demanded and taken, resulting as follows:
AYES
Alexander Anderson Courson Cromer Elliott Fair Ford Giese Glover Gregory Hayes Hutto Jackson Land Leatherman Leventis Malloy Martin Matthews McConnell McGill Mescher Moore O'Dell Patterson Peeler Rankin Ravenel Reese Richardson Ritchie Setzler Sheheen
Short Smith, J. Verne Thomas Verdin Waldrep
Branton Grooms Hawkins Knotts Kuhn Ryberg
The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.
Columbia, S.C., May 26, 2004
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R333, H. 4925 by a vote of 94 to 6:
Veto 86 Part IB, Section 73.17, Statewide Revenue, page 444, SR:
Repayment of Debt and Unobligated Funds, N12 Department
of Juvenile Justice.
Very respectfully,
Speaker of the House
Received as information.
Veto 86 Part IB, Section 73.17, Statewide Revenue, page 444, SR:
Repayment of Debt and Unobligated Funds, N12 Department
of Juvenile Justice.
The veto of the Governor was taken up for immediate consideration.
Senator MARTIN moved that the veto of the Governor be overridden.
The question was put: "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"
The "ayes" and "nays" were demanded and taken, resulting as follows:
AYES
Alexander Anderson Courson Cromer Elliott Fair Ford Giese Glover Gregory Hayes Hutto Jackson Land Leatherman Leventis Malloy Martin Matthews McConnell McGill Mescher Moore O'Dell Patterson Peeler Rankin Ravenel Reese Richardson Ritchie Setzler Sheheen Short Smith, J. Verne Thomas Verdin Waldrep
Branton Grooms Hawkins Knotts Kuhn Ryberg
The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.
Columbia, S.C., May 26, 2004
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R333, H. 4925 by a vote of 101 to 3:
Veto 87 Part IB, Section 73.9, Statewide Revenue, page 440, SR:
Personnel for Increased Enforcement Collections, (2) H67-
Educational Television: $1,026,992
Very respectfully,
Speaker of the House
Received as information.
Veto 87 Part IB, Section 73.9, Statewide Revenue, page 440, SR:
Personnel for Increased Enforcement Collections, (2) H67-
Educational Television: $1,026,992
The veto of the Governor was taken up for immediate consideration.
Senator MARTIN moved that the veto of the Governor be overridden.
The question was put: "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"
The "ayes" and "nays" were demanded and taken, resulting as follows:
AYES
Alexander Anderson Courson Cromer Elliott Fair Ford Giese Glover Gregory Hayes Hutto Jackson Knotts Land Leatherman Leventis Malloy
Martin Matthews McConnell McGill Mescher Moore O'Dell Patterson Peeler Rankin Ravenel Reese Richardson Ritchie Setzler Sheheen Short Smith, J. Verne Thomas Verdin Waldrep
Branton Grooms Hawkins Kuhn Ryberg
The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.
Columbia, S.C., May 26, 2004
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R333, H. 4925 by a vote of 104 to 4:
Veto 88 Part IB, Section 73.9, Statewide Revenue, page 440, SR:
Personnel for Increased Enforcement Collections, (4) J04-
Department of Health and Environmental Control.
$7,675,331
Very respectfully,
Speaker of the House
Received as information.
Veto 88 Part IB, Section 73.9, Statewide Revenue, page 440, SR:
Personnel for Increased Enforcement Collections, (4) J04-
Department of Health and Environmental Control.
$7,675,331
The veto of the Governor was taken up for immediate consideration.
Senator MARTIN moved that the veto of the Governor be overridden.
The question was put: "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Courson Cromer Elliott Fair Ford Giese Glover Hayes Hutto Jackson Knotts Land Leatherman Leventis Malloy Martin Matthews McGill Mescher Moore O'Dell Patterson Peeler Rankin Ravenel Reese Richardson Ritchie Setzler Sheheen Short Smith, J. Verne Thomas Verdin Waldrep
Branton Gregory Grooms Hawkins Kuhn McConnell Ryberg
The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.
Columbia, S.C., May 26, 2004
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R333, H. 4925 by a vote of 96 to 7:
Veto 89 Part IB, Section 73.9, Statewide Revenue, page 440, SR:
Personnel for Increased Enforcement Collections, (9) H79-
Department of Archives and History: $250,534
Very respectfully,
Speaker of the House
Received as information.
Veto 89 Part IB, Section 73.9, Statewide Revenue, page 440, SR:
Personnel for Increased Enforcement Collections, (9) H79-
Department of Archives and History: $250,534
The veto of the Governor was taken up for immediate consideration.
Senator MARTIN moved that the veto of the Governor be overridden.
The question was put: "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"
The "ayes" and "nays" were demanded and taken, resulting as follows:
AYES
Alexander Anderson Branton Courson Cromer Elliott Fair Ford Giese Glover Gregory Grooms Hayes Hutto Jackson Knotts Land Leatherman Leventis Malloy Martin Matthews McConnell McGill Mescher Moore O'Dell Patterson Peeler Rankin Ravenel Reese Richardson Ritchie Setzler Sheheen Short Smith, J. Verne Thomas Verdin Waldrep
Hawkins Kuhn Ryberg
The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.
Columbia, S.C., May 26, 2004
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R333, H. 4925 by a vote of 105 to 2:
Veto 90 Part IB, Section 73.9, Statewide Revenue, page 440, SR:
Personnel for Increased Enforcement Collections, (10) H87-
State Library: $481,745
Very respectfully,
Speaker of the House
Received as information.
Veto 90 Part IB, Section 73.9, Statewide Revenue, page 440, SR:
Personnel for Increased Enforcement Collections, (10) H87-
State Library: $481,745
The veto of the Governor was taken up for immediate consideration.
Senator MARTIN moved that the veto of the Governor be overridden.
The question was put: "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"
The "ayes" and "nays" were demanded and taken, resulting as follows:
AYES
Alexander Anderson Courson Cromer Elliott Fair Ford Giese Glover Gregory Hayes Hutto Jackson Knotts Land Leatherman Leventis Malloy Martin Matthews McConnell McGill Mescher Moore O'Dell Patterson Peeler Rankin Ravenel Reese Richardson Ritchie Setzler
Sheheen Short Smith, J. Verne Thomas Verdin Waldrep
Branton Grooms Hawkins Kuhn Ryberg
The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.
Columbia, S.C., May 26, 2004
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R333, H. 4925 by a vote of 104 to 4:
Veto 91 Part IB, Section 73.9, Statewide Revenue, page 440, SR:
Personnel for Increased Enforcement Collections, (11) H91-
Arts Commission: $243,896.
Very respectfully,
Speaker of the House
Received as information.
Veto 91 Part IB, Section 73.9, Statewide Revenue, page 440, SR:
Personnel for Increased Enforcement Collections, (11) H91-
Arts Commission: $243,896.
The veto of the Governor was taken up for immediate consideration.
Senator MARTIN moved that the veto of the Governor be overridden.
The question was put: "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"
The "ayes" and "nays" were demanded and taken, resulting as follows:
AYES
Alexander Anderson Courson Cromer Elliott Fair Ford Giese Glover Gregory Hayes Hutto Jackson Knotts Land Leatherman Leventis Malloy Martin Matthews McConnell McGill Mescher Moore O'Dell Patterson Peeler Rankin Ravenel Reese Richardson Ritchie Setzler Sheheen Short Smith, J. Verne Thomas Verdin Waldrep
Branton Grooms Hawkins Kuhn Ryberg
The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.
Columbia, S.C., May 26, 2004
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R333, H. 4925 by a vote of 102 to 4:
Veto 92 Part IB, Section 73.9, Statewide Revenue, page 440, SR:
Personnel for Increased Enforcement Collections, (12) H95-
Museum Commission: $331,629.
Very respectfully,
Speaker of the House
Received as information.
Veto 92 Part IB, Section 73.9, Statewide Revenue, page 440, SR:
Personnel for Increased Enforcement Collections, (12) H95-
Museum Commission: $331,629.
The veto of the Governor was taken up for immediate consideration.
Senator MARTIN moved that the veto of the Governor be overridden.
The question was put: "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"
The "ayes" and "nays" were demanded and taken, resulting as follows:
AYES
Alexander Anderson Courson Cromer Elliott Fair Ford Giese Glover Gregory Hayes Hutto Jackson Knotts Land Leatherman Leventis Malloy
Martin Matthews McConnell McGill Mescher Moore O'Dell Patterson Peeler Rankin Ravenel Reese Richardson Ritchie Setzler Sheheen Short Smith, J. Verne Thomas Verdin Waldrep
Branton Grooms Hawkins Kuhn Ryberg
The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.
Columbia, S.C., May 26, 2004
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R333, H. 4925 by a vote of 106 to 4:
Veto 93 Part IB, Section 73.9, Statewide Revenue, page 440, SR:
Personnel for Increased Enforcement Collections, (13) P12-
Forestry Commission: $1,006,311
Very respectfully,
Speaker of the House
Received as information.
Veto 93 Part IB, Section 73.9, Statewide Revenue, page 440, SR:
Personnel for Increased Enforcement Collections, (13) P12-
Forestry Commission: $1,006,311
The veto of the Governor was taken up for immediate consideration.
Senator MARTIN moved that the veto of the Governor be overridden.
The question was put: "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"
The "ayes" and "nays" were demanded and taken, resulting as follows:
AYES
Alexander Anderson Branton Courson Cromer Elliott Fair Ford Giese Glover Gregory Grooms Hayes Hutto Jackson Knotts Land Leatherman Leventis Malloy Martin Matthews McGill Mescher Moore O'Dell Patterson Peeler Rankin Ravenel Reese Richardson Ritchie Setzler Sheheen Short Smith, J. Verne Thomas Verdin Waldrep
Hawkins Kuhn McConnell Ryberg
The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.
Columbia, S.C., May 26, 2004
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R333, H. 4925 by a vote of 115 to 4:
Veto 94 Part IB, Section 73.9, Statewide Revenue, page 440, SR:
Personnel for Increased Enforcement Collections, (14) P20-
Clemson University Public Service Activities: $2,753,047
Very respectfully,
Speaker of the House
Received as information.
Veto 94 Part IB, Section 73.9, Statewide Revenue, page 440, SR:
Personnel for Increased Enforcement Collections, (14) P20-
Clemson University Public Service Activities: $2,753,047
The veto of the Governor was taken up for immediate consideration.
Senator MARTIN moved that the veto of the Governor be overridden.
The question was put: "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"
The "ayes" and "nays" were demanded and taken, resulting as follows:
AYES
Alexander Anderson Branton Courson Cromer Elliott Fair Ford Giese Glover Gregory Grooms Hayes Hutto Jackson Knotts Land Leatherman
Leventis Malloy Martin Matthews McConnell McGill Mescher Moore O'Dell Patterson Peeler Rankin Ravenel Reese Richardson Ritchie Setzler Sheheen Short Smith, J. Verne Thomas Verdin Waldrep
Hawkins Kuhn Ryberg
The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.
Columbia, S.C., May 26, 2004
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R333, H. 4925 by a vote of 104 to 5:
Veto 95 Part IB, Section 73.9, Statewide Revenue, page 440, SR:
Personnel for Increased Enforcement Collections, (16) P28-
Department of Parks, Recreation, & Tourism: $1,998,501
Very respectfully,
Speaker of the House
Received as information.
Veto 95 Part IB, Section 73.9, Statewide Revenue, page 440, SR:
Personnel for Increased Enforcement Collections, (16) P28-
Department of Parks, Recreation, & Tourism: $1,998,501
The veto of the Governor was taken up for immediate consideration.
Senator MARTIN moved that the veto of the Governor be overridden.
The question was put: "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"
The "ayes" and "nays" were demanded and taken, resulting as follows:
AYES
Alexander Anderson Courson Cromer Elliott Fair Ford Giese Glover Gregory Hayes Hutto Jackson Land Leatherman Leventis Malloy Martin Matthews McGill Mescher Moore O'Dell Patterson Peeler Rankin Ravenel Reese Richardson Ritchie Setzler Sheheen Short Smith, J. Verne Thomas Verdin Waldrep
Branton Grooms Hawkins Knotts Kuhn McConnell Ryberg
The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.
Columbia, S.C., May 26, 2004
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R333, H. 4925 by a vote of 106 to 8:
Veto 96 Part IB, Section 73.9, Statewide Revenue, page 440, SR:
Personnel for Increased Enforcement Collections, (20) R40-
Department of Motor Vehicles: $1,937,247
Very respectfully,
Speaker of the House
Received as information.
Veto 96 Part IB, Section 73.9, Statewide Revenue, page 440, SR:
Personnel for Increased Enforcement Collections, (20) R40-
Department of Motor Vehicles: $1,937,247
The veto of the Governor was taken up for immediate consideration.
Senator MARTIN moved that the veto of the Governor be overridden.
The question was put: "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"
The "ayes" and "nays" were demanded and taken, resulting as follows:
AYES
Alexander Anderson Courson Cromer Elliott Fair Ford Giese Glover Gregory Hayes Hutto Jackson Land Leatherman Leventis Malloy Martin
Matthews McGill Mescher Moore O'Dell Patterson Peeler Rankin Ravenel Reese Richardson Ritchie Setzler Sheheen Short Smith, J. Verne Thomas Verdin Waldrep
Branton Grooms Hawkins Knotts Kuhn McConnell Ryberg
The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.
Columbia, S.C., May 26, 2004
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R333, H. 4925 by a vote of 103 to 11:
Veto 97 Part IB, Section 73.9, Statewide Revenue, page 440, SR:
Personnel for Increased Enforcement Collections, (26) R28-
Department of Consumer Affairs: $118,098
Very respectfully,
Speaker of the House
Received as information.
Veto 97 Part IB, Section 73.9, Statewide Revenue, page 440, SR:
Personnel for Increased Enforcement Collections, (26) R28-
Department of Consumer Affairs: $118,098
The veto of the Governor was taken up for immediate consideration.
Senator MARTIN moved that the veto of the Governor be overridden.
The question was put: "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"
The "ayes" and "nays" were demanded and taken, resulting as follows:
AYES
Alexander Anderson Courson Cromer Elliott Fair Ford Giese Glover Gregory Hayes Hutto Jackson Land Leatherman Leventis Malloy Martin Matthews McGill Mescher Moore O'Dell Patterson Peeler Rankin Ravenel Reese Richardson Ritchie Setzler Sheheen Short Smith, J. Verne Thomas Verdin Waldrep
Branton Grooms Hawkins Knotts Kuhn McConnell Ryberg
The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.
Columbia, S.C., May 26, 2004
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R333, H. 4925 by a vote of 98 to 6:
Veto 98 Part IB, Section 73.9, Statewide Revenue, page 441, SR:
Personnel for Increased Enforcement Collections, (38) E04-
Lieutenant Governor: $19,773
Very respectfully,
Speaker of the House
Received as information.
Veto 98 Part IB, Section 73.9, Statewide Revenue, page 441, SR:
Personnel for Increased Enforcement Collections, (38) E04-
Lieutenant Governor: $19,773
The veto of the Governor was taken up for immediate consideration.
Senator MARTIN moved that the veto of the Governor be overridden.
The question was put: "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"
The "ayes" and "nays" were demanded and taken, resulting as follows:
AYES
Alexander Anderson Branton Courson Cromer Elliott Fair Ford Giese Glover Gregory Hayes Hutto Jackson Knotts Land Leatherman Leventis Malloy Martin Matthews McConnell McGill Mescher Moore O'Dell Patterson Peeler Rankin Ravenel Reese Richardson Ritchie Setzler Sheheen Short Smith, J. Verne Thomas Verdin Waldrep
Grooms Hawkins Kuhn Ryberg
The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.
Columbia, S.C., May 26, 2004
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R333, H. 4925 by a vote of 99 to 8:
Veto 99 Part IB, Section 73.9, Statewide Revenue, page 441, SR:
Personnel for Increased Enforcement Collections, (39) E08-
Secretary of State: $68,086
Very respectfully,
Speaker of the House
Received as information.
Veto 99 Part IB, Section 73.9, Statewide Revenue, page 441, SR:
Personnel for Increased Enforcement Collections, (39) E08-
Secretary of State: $68,086
The veto of the Governor was taken up for immediate consideration.
Senator MARTIN moved that the veto of the Governor be overridden.
The question was put: "Shall the Act become law, the veto of the Governor to the contrary notwithstanding?"
The "ayes" and "nays" were demanded and taken, resulting as follows:
AYES
Alexander Anderson Courson Cromer Elliott Fair Ford Giese Glover Gregory Hayes Hutto Jackson Land Leatherman Leventis Malloy Martin Matthews McGill Mescher Moore O'Dell Patterson Peeler Rankin Ravenel Reese Richardson Ritchie Setzler Sheheen Short
Smith, J. Verne Thomas Verdin Waldrep
Branton Grooms Hawkins Knotts Kuhn McConnell Ryberg
The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.
Columbia, S.C., May 26, 2004
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R333, H. 4925 by a vote of 90 to 7:
Veto 100 Part IB, Section 73.9, Statewide Revenue, page 441, SR:
Personnel for Increased Enforcement Collections, (41)
F03-Budget and Control Board: $2,661,363
Very respectfully,
Speaker of the House
Received as information.
Veto 100 Part IB, Section 73.9, Statewide Revenue, page 441, SR:
Personnel for Increased Enforcement Collections, (41)
F03-Budget and Control Board: $2,661,363
The veto of the Governor was taken up for immediate consideration.
Senator MARTIN moved that the veto of the Governor be overridden.
The question was put: Shall the Act become law, the veto of the Governor to the contrary notwithstanding?
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Courson Cromer Elliott Fair Ford Giese Glover Gregory Hayes Hutto Jackson Land Leatherman Leventis Malloy Martin Matthews McGill Mescher Moore O'Dell Patterson Peeler Rankin Ravenel Reese Richardson Ritchie Setzler Sheheen Short Smith, J. Verne Thomas Verdin Waldrep
Branton Grooms Hawkins Knotts Kuhn McConnell Ryberg
The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.
Columbia, S.C., May 26, 2004
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R333, H. 4925 by a vote of 103 to 5:
Veto 101 Part IB, Section 73.9, Statewide Revenue, page 441, SR:
Personnel for Increased Enforcement Collections, (42)
F27-Budget and Control Board - Auditor: $225,018
Very respectfully,
Speaker of the House
Received as information.
Veto 101 Part IB, Section 73.9, Statewide Revenue, page 441, SR:
Personnel for Increased Enforcement Collections, (42)
F27-Budget and Control Board - Auditor: $225,018
The veto of the Governor was taken up for immediate consideration.
Senator MARTIN moved that the veto of the Governor be overridden.
The question was put: Shall the Act become law, the veto of the Governor to the contrary notwithstanding?
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Courson Cromer Elliott Fair Ford Giese Glover Gregory Hayes Hutto Jackson Land Leatherman Leventis Malloy Martin
Matthews McGill Mescher Moore O'Dell Patterson Peeler Rankin Ravenel Reese Richardson Ritchie Setzler Sheheen Short Smith, J. Verne Thomas Verdin Waldrep
Branton Grooms Hawkins Knotts Kuhn McConnell Ryberg
The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.
Columbia, S.C., May 26, 2004
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R333, H. 4925 by a vote of 92 to 19:
Veto 102 Part IB, Section 73.9, Statewide Revenue, page 441, SR:
Personnel for Increased Enforcement Collections, (47) J02
- Dept. of Health and Human Services: Columbia Urban
League $9,000
Very respectfully,
Speaker of the House
Received as information.
Veto 102 Part IB, Section 73.9, Statewide Revenue, page 441, SR:
Personnel for Increased Enforcement Collections, (47) J02
- Dept. of Health and Human Services: Columbia Urban
League $9,000
The veto of the Governor was taken up for immediate consideration.
Senator MARTIN moved that the veto of the Governor be overridden.
The question was put: Shall the Act become law, the veto of the Governor to the contrary notwithstanding?
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Courson Cromer Elliott Fair Ford Giese Glover Gregory Hayes Hutto Jackson Land Leatherman Leventis Malloy Martin Matthews McGill Mescher Moore O'Dell Patterson Peeler Rankin Ravenel Reese Richardson Ritchie Setzler Sheheen Short Smith, J. Verne Thomas Verdin Waldrep
Branton Grooms Hawkins Knotts Kuhn McConnell Ryberg
The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.
In determining whether to sustain Vetoes 7, 11, 12, 15, 16, 17, 18, 22, 24, 25, 26, 28, 29, 30, 31, 32, 42, 44, 50, 51, 55, 57, 61, 62, 66, 67, 68, 77, 79, 80, 81, 82, 83, 88, 93, 95, 96, 97, 99, 100, 101, 102, 103 and 104, I used the short time available to me to review the provisos as well as the Governor's concerns. I believe that it is very important that the constitutional requirement to address our debt be observed. I also agree that the fiscal health of our State must be ensured. Because I agree with the Governor's concern about these provisos, I voted to sustain his veto on these sections.
Columbia, S.C., May 26, 2004
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R333, H. 4925 by a vote of 84 to 24:
Veto 103 Part IB, Section 73.9, Statewide Revenue, page 441, SR:
Personnel for Increased Enforcement Collections, (48) J02
- Dept. of Health and Human Services: Greenville Urban
League $9,000
Very respectfully,
Speaker of the House
Received as information.
Veto 103 Part IB, Section 73.9, Statewide Revenue, page 441, SR:
Personnel for Increased Enforcement Collections, (48) J02
- Dept. of Health and Human Services: Greenville Urban
League $9,000
The veto of the Governor was taken up for immediate consideration.
Senator MARTIN moved that the veto of the Governor be overridden.
The question was put: Shall the Act become law, the veto of the Governor to the contrary notwithstanding?
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Courson Cromer Elliott Fair Ford Giese Glover Gregory Hayes Hutto Jackson Land Leatherman Leventis Malloy Martin Matthews McGill Mescher Moore O'Dell Patterson Peeler Rankin Ravenel Reese Richardson Ritchie Setzler Sheheen Short Smith, J. Verne Thomas Verdin Waldrep
Branton Grooms Hawkins Knotts Kuhn McConnell Ryberg
The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.
Columbia, S.C., May 26, 2004
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R333, H. 4925 by a vote of 102 to 6:
Veto 104 Part IB, Section 73.9, Statewide Revenue, page 441, SR:
Personnel for Increased Enforcement Collections, (54) P21
- SC State PSA $152,013
Very respectfully,
Speaker of the House
Received as information.
Veto 104 Part IB, Section 73.9, Statewide Revenue, page 441, SR:
Personnel for Increased Enforcement Collections, (54) P21
- SC State PSA $152,013
The veto of the Governor was taken up for immediate consideration.
Senator MARTIN moved that the veto of the Governor be overridden.
The question was put: Shall the Act become law, the veto of the Governor to the contrary notwithstanding?
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Courson Cromer Elliott Fair Ford Giese Glover Gregory Hayes Hutto Jackson Land Leatherman Leventis Malloy Martin Matthews McGill Mescher Moore O'Dell Patterson Peeler Rankin Ravenel Reese Richardson Ritchie Setzler Sheheen Short Smith, J. Verne Thomas Verdin Waldrep
Branton Grooms Hawkins Knotts Kuhn McConnell Ryberg
The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.
Columbia, S.C., May 26, 2004
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R333, H. 4925 by a vote of 104 to 8:
Veto 105 I am vetoing the following distinctly labeled items from
Part IB, Section 1AA.1, Lottery Expenditure Account,
page 315, LEA: Lottery Funds: $674,000 Department of
Education - Governor's School for Science and
Mathematics; and the remainder shall go to the Department
of Education for the purchase and repair of school buses.
Very respectfully,
Speaker of the House
Received as information.
Veto 105 I am vetoing the following distinctly labeled items from
Part IB, Section 1AA.1, Lottery Expenditure Account,
page 315, LEA: Lottery Funds: $674,000 Department of
Education - Governor's School for Science and
Mathematics; and the remainder shall go to the Department
of Education for the purchase and repair of school buses.
The veto of the Governor was taken up for immediate consideration.
Senator MARTIN moved that the veto of the Governor be overridden.
The question was put: Shall the Act become law, the veto of the Governor to the contrary notwithstanding?
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Courson Cromer Elliott Fair Ford Giese Glover Gregory Hayes Hutto Jackson Land Leatherman Leventis Malloy Martin Matthews McConnell McGill
Mescher Moore O'Dell Patterson Peeler Rankin Ravenel Reese Richardson Ritchie Setzler Sheheen Short Smith, J. Verne Thomas Verdin Waldrep
Branton Grooms Hawkins Knotts Kuhn Ryberg
The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.
Columbia, S.C., May 26, 2004
Mr. President and Senators:
The House respectfully informs your Honorable Body that it has overridden the veto by the Governor on R333, H. 4925 by a vote of 101 to 11:
Veto 106 I am vetoing the following distinctly labeled items from
Part IB, Section 1AA.1, Lottery Expenditure Account,
pages 315-316, LEA: Lottery Funds: After the first
$86,000,000 of lottery funds carried forward from the prior
fiscal year are realized, the next $500,000 realized shall be
appropriated to the State Board for Technical and
Comprehensive Education for Spartanburg Technical
College for the Cherokee County Campus. The next
$1,000,000 realized shall be appropriated to the Governor's
Office of Executive Policy and Programs for academic
enrichment after-school programs administered by the
South Carolina Alliance of Boys & Girls Clubs, Inc., and
the next $250,000 realized shall be appropriated to Francis
Marion University for the expansion of the Nursing
Program, and the next $100,000 shall be appropriated to
Chesterfield County School District. Any further amount
realized shall be appropriated to the counties of this State in equal amounts not to exceed $50,000 per county for
local library aid.
Very respectfully,
Speaker of the House
Received as information.
Veto 106 I am vetoing the following distinctly labeled items from
Part IB, Section 1AA.1, Lottery Expenditure Account,
pages 315-316, LEA: Lottery Funds: After the first
$86,000,000 of lottery funds carried forward from the prior
fiscal year are realized, the next $500,000 realized shall be
appropriated to the State Board for Technical and
Comprehensive Education for Spartanburg Technical
College for the Cherokee County Campus. The next
$1,000,000 realized shall be appropriated to the Governor's
Office of Executive Policy and Programs for academic
enrichment after-school programs administered by the
South Carolina Alliance of Boys & Girls Clubs, Inc., and
the next $250,000 realized shall be appropriated to Francis
Marion University for the expansion of the Nursing
Program, and the next $100,000 shall be appropriated to
Chesterfield County School District. Any further amount
realized shall be appropriated to the counties of this State in equal amounts not to exceed $50,000 per county for
local library aid.
The veto of the Governor was taken up for immediate consideration.
Senator MARTIN moved that the veto of the Governor be overridden.
The question was put: Shall the Act become law, the veto of the Governor to the contrary notwithstanding?
The "ayes" and "nays" were demanded and taken, resulting as follows:
Alexander Anderson Courson Cromer Elliott Fair Ford Giese Glover Hayes Hutto Jackson Knotts Land Leatherman Leventis Malloy Martin Matthews McConnell McGill Mescher Moore O'Dell Patterson Peeler Rankin Ravenel Reese Richardson Ritchie Setzler Sheheen Short Smith, J. Verne Thomas Verdin Waldrep
Branton Gregory Grooms Hawkins Kuhn Ryberg
The necessary two-thirds vote having been received, the veto of the Governor was overridden, and a message was sent to the House accordingly.
THE SENATE PROCEEDED TO A CALL OF THE UNCONTESTED LOCAL AND STATEWIDE CALENDAR.
The following Bill was read the third time and, having received three readings in both Houses, it was ordered that the title be changed to that of an Act and enrolled for Ratification:
H. 3989 (Word version) -- Reps. Rhoad and Witherspoon: A BILL TO AMEND SECTION 50-5-1506, CODE OF LAWS OF SOUTH CAROLINA,
The following House Bills and Joint Resolution were read the third time and ordered returned to the House with amendments:
H. 5136 (Word version) -- Rep. Littlejohn: A JOINT RESOLUTION TO DIRECT THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO CEASE ISSUING NEW AMBULANCE LICENSES UNTIL THE DEPARTMENT HAS THE NECESSARY PERSONNEL TO ENFORCE EXISTING LICENSURE REQUIREMENTS, TO PROVIDE AN EXCEPTION IF A DEMONSTRATED NEED EXISTS, AND TO PROVIDE LICENSURE RENEWAL REQUIREMENTS.
H. 3507 (Word version) -- Reps. McGee, Coates, Harrison, Sinclair and Cotty: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 27-35-75 SO AS TO PROVIDE FOR THE RIGHT OF ACCESS BY A LESSOR TO REAL ESTATE, FIXTURES, AND EQUIPMENT THAT ARE SUBJECT TO A COMMERCIAL LEASE AGREEMENT FOR THE PURPOSE OF REASONABLE PROTECTION OF THE LEASED PROPERTY UPON TWENTY-FOUR HOURS NOTICE TO THE LESSEE, TO PROVIDE FOR EMERGENCY CIRCUMSTANCES, AND TO PROVIDE THAT THE LESSEE MAY NOT UNREASONABLY WITHHOLD CONSENT TO ACCESS.
Senator KNOTTS asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
H. 3858 (Word version) -- Reps. Edge, Harrison, Herbkersman, Duncan and Clemmons: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 9 TO CHAPTER 29 OF TITLE 6 SO AS TO ENACT THE "VESTED RIGHTS ACT" BY PROVIDING FOR THE ESTABLISHMENT OF VESTED PROPERTY RIGHTS ALLOWING THE COMMENCEMENT AND
H. 5088 (Word version) -- Reps. Anthony, Jennings and Simrill: A BILL TO AMEND SECTION 23-35-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALE AND STORAGE OF CLASS "B" FIREWORKS USED FOR DISPLAY OR AGRICULTURAL PURPOSES, SO AS TO PROVIDE THAT DISPLAY OF CLASS "B" FIREWORKS RETURNED TO A WHOLESALER MUST BE RETURNED IN THE SAME MANNER THEY WERE SOLD, ISSUED, OR SHIPPED, INCLUDING ANY PROTECTIVE DEVICE ATTACHED TO THE FUSE OR FUSES.
H. 3552 (Word version) -- Reps. Lourie, J.E. Smith, Rivers, Hosey, Altman, Anthony, Dantzler, J. Hines, McCraw, Moody-Lawrence, Richardson, Scarborough and Umphlett: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 47-1-45 SO AS TO PROVIDE THAT DEPARTMENT OF SOCIAL SERVICES AND ADULT PROTECTIVE SERVICES EMPLOYEES MUST REPORT KNOWN OR SUSPECTED INSTANCES OF ANIMAL CRUELTY, FIGHTING, OR BAITING, TO PROVIDE FOR IMMUNITY FROM LIABILITY FOR REPORTING PURSUANT TO THIS SECTION, TO PROVIDE THAT ANY VETERINARIAN OR OTHER PERSON MAY REPORT SUSPECTED ANIMAL CRUELTY, FIGHTING, OR BAITING, AND TO PROVIDE FOR IMMUNITY FROM CIVIL AND CRIMINAL LIABILITY FOR REPORTING PURSUANT TO THIS SECTION; TO AMEND SECTION 20-7-510, AS AMENDED, RELATING TO PERSONS REQUIRED OR PERMITTED TO REPORT CHILD ABUSE OR NEGLECT, SO AS TO INCLUDE AN OFFICER OR AGENT OF THE SOUTH CAROLINA SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS OR OF A
The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.
Senator HUTTO proposed the following amendment (JUD3552.001), which was adopted:
Amend the bill, as and if amended, by striking SECTION 1 in its entirety and inserting therein the following:
/ SECTION 1. Chapter 1 of Title 47 of the 1976 Code is amended by adding:
"Section 47-1-45. (A) A Department of Social Services employee or an Adult Protective Services employee, acting within the course and scope of his employment, who knows or reasonably believes that an animal has been abandoned or ill treated as set forth in this chapter or has been injured or killed through participation in animal fighting or baiting as prohibited by law shall report the known or suspected instance of animal cruelty or animal fighting or baiting to an officer or agent of the South Carolina Society for the Prevention of Cruelty to Animals or of another society incorporated for the purpose of preventing cruelty to animals, to an animal control officer, or to a law enforcement agency.
(B) A Department of Social Services employee or an Adult Protective Services employee, acting within the course and scope of his employment, who reports animal cruelty, fighting, baiting, abuse, or neglect pursuant to this section is immune from liability under this section and the provisions of Section 20-7-540 and Section 43-35-75.
(C) A veterinarian who has reasonable cause to believe or other person who has actual cause to believe that an animal has been abandoned or cruelly treated as set forth in this chapter or has been injured or killed through participation in animal fighting or baiting as prohibited by Section 16-27-10 or another provision of law shall report
Renumber sections to conform.
Amend title to conform.
Senator HUTTO explained the amendment.
The amendment was adopted.
Senators ALEXANDER and HAYES proposed the following amendment (NBD\12626AC04), which was adopted:
Amend the bill, as and if amended, by adding appropriately numbered SECTIONS to read:
/SECTION __. Chapter 1, Title 43 of the 1976 Code is amended by adding:
"Section 43-1-85. The department may impose monetary penalties against a person, facility, or other entity for violation of statutes or regulations pertaining to programs that the department regulates. Penalties collected must be retained by the department and used to pay for technical assistance and training to benefit regulated individuals and programs. The department shall promulgate regulations for each program in which penalties may be imposed. The regulations must include guidance on the decision to assess a penalty, the effect of failure to pay a penalty timely, and a schedule of penalty ranges that takes into account severity and frequency of violations. These regulations must provide for notice of the penalty and the right to a contested case hearing before a designee of or panel appointed by the state director. Judicial review of the final agency decision concerning a penalty must be in accordance with statutes or regulations that apply to judicial review of final revocation and denial decisions in that particular program. The department, in accordance with regulations promulgated pursuant to this section, has discretion in determining the appropriateness of assessing a monetary penalty against a person or facility and the amount of the penalty. The authority to assess monetary
SECTION __. Subarticle 1, Article 13, Chapter 7, Title 20 of the 1976 Code is amended by adding:
"Section 20-7-2255. Standard licenses for residential group homes and child caring institutions are effective for two years from the date of issuance unless revoked or otherwise terminated before the expiration date."/
Renumber sections to conform.
Amend title to conform.
Senator ALEXANDER explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the third time and ordered returned to the House of Representatives with amendments.
H. 3891 (Word version) -- Reps. Quinn, Herbkersman, Altman, Anthony, Bailey, Bingham, G. Brown, J. Brown, Cato, Clemmons, Cobb-Hunter, Duncan, Edge, Gilham, Harrison, Harvin, Haskins, Hayes, J. Hines, Lee, Littlejohn, Lucas, Mahaffey, McGee, Merrill, Parks, M.A. Pitts, Scarborough, F.N. Smith, J.E. Smith, Talley, Toole, Umphlett, Viers, Young and Pinson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 6 TO CHAPTER 47, TITLE 40 SO AS TO ENACT THE ACUPUNCTURE ACT OF SOUTH CAROLINA TO ESTABLISH THE ACUPUNCTURE ADVISORY COMMITTEE TO BE APPOINTED BY THE BOARD OF MEDICAL EXAMINERS AND TO PROVIDE FOR ITS POWERS AND DUTIES; TO ESTABLISH REQUIREMENTS FOR LICENSURE AND LICENSURE RENEWAL AS AN ACUPUNCTURIST, AN AURICULAR THERAPIST, AND AN AURICULAR DETOXIFICATION THERAPIST AND TO ESTABLISH LICENSURE AND RENEWAL FEES; TO AUTHORIZE TEMPORARY LICENSURE OF CERTAIN INDIVIDUALS CURRENTLY PRACTICING UNTIL AN
The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.
Senator ELLIOTT proposed the following amendment (ELLIOTT AMENDMENT), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ____. Chapter 13, Title 40 of the 1976 Code is amended by adding:
"Section 40-13-255. (A) Only those individuals who are licensed to practice cosmetology or who are registered to practice hair braiding in this State may engage in the practice of hair braiding or perform hair braiding services in this State.
(B) Unless hair braiding is performed in a licensed cosmetology school, beauty salon, or a licensed barbershop, all implements used in connection with the hair braiding must be disposable or must be sanitized in a disinfectant approved for hospital use or approved by the Environmental Protection Agency.
(C) To practice hair braiding in this State, an individual shall:
(1) apply to the department for registration in a manner prescribed by the department;
(2) provide satisfactory proof of successful completion of a sixty hour department approved hair braiding course;
(3) pass an examination administered by the department; and
(4) pay a twenty-five dollar registration fee.
(D) The hair braiding instruction course shall consist of:
(1) twenty hours of instruction regarding sanitation and sterilization including:
(a) universal sanitation and sterilization precautions;
(b) how to distinguish between disinfectants and antiseptics;
(c) how to sanitize hands and disinfect tools used in the practice of hair braiding;
(2) thirty-five hours of instruction regarding disorders and diseases of the scalp, including:
(a) disorders and diseases of the scalp and how to distinguish between them;
(b) when hair braiding services can be performed on a client with disorders or diseases of the scalp;
(3) five hours of instruction regarding state law and regulations which pertain to the practice of hair braiding, including:
(a) the state laws and regulations promulgated by the board that:
( i) protect the health, safety, and welfare of the consumer;
( ii) determine where and when an individual may legally practice hair braiding;
(iii) specify prohibited conduct and the penalties for such conduct and for failure to follow state law and regulations;
(b) the composition of the Board of Cosmetology, how its members are appointed and their powers and duties;
(c) the organizational structure of the Department of Labor, Licensing and Regulation and its responsibilities as they relate to hair braiding; and
(d) the procedures, fees, and requirements for renewal of a hair braiding registration.
(E) Registration to practice hair braiding is valid for two years or until the end of the biennial licensure renewal cycle in which the registration is first issued, whichever occurs first. The holder of a registration to practice hair braiding shall renew his or her registration by paying the renewal fee and furnishing proof to the department that he or she has completed eight hours of continuing education approved and administered by the department.
(F) An individual currently engaging in the practice of hair braiding on the effective date of this section has one year from the effective date to complete the licensing requirements as provided in this section."/
Amend the bill further by adding an appropriately numbered SECTION to read:
/ SECTION _____. Section 40-13-20 of the 1976 Code, as last amended by Act 222 of 2000 is further amended by adding:
"(11) 'Hair braiding' means the weaving or interweaving of natural human hair for compensation without cutting, coloring, permanent waiving, relaxing, removing, or chemical treatment and does not include the use of hair extensions or wefts." /
Renumber sections to conform.
Amend title to conform.
Senator ELLIOTT explained the amendment.
The amendment was adopted.
Senator FAIR proposed the following amendment (3891R001.MLF), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION as follows:
/ SECTION ___. Title 44 of the 1976 Code is amended by adding:
Direct Submission of Claims for Anatomic Pathology Services
Section 44-132-10. Except as provided in Section 44-132-20, no person licensed to practice in this State as a physician, surgeon, or osteopath, a dentist or dental surgeon, a nurse practitioner, or a physician's assistant shall charge, bill, or otherwise solicit payment for outpatient anatomic pathology services unless diagnostic and/or screening services related to the interpretation of the pathology were rendered personally by the licensed practitioner or under the licensed practitioner's supervision.
Section 44-132-20. A person who is licensed to practice medicine in this State or the professional legal entity of which the person is a shareholder, partner, employee, or owner may submit a bill for outpatient anatomic pathology services only to:
(1) the patient directly;
(2) the responsible insurer or other third-party payor;
(3) the hospital, public health clinic, or nonprofit health clinic; or
(4) the referral laboratory or the primary laboratory.
Section 44-132-30. The health professional licensing boards of this State which license and regulate the practitioners specified in Section 44-132-10, in addition to all other authority granted to them under state law, may revoke, suspend, or deny the renewal of the license of any practitioner who violates the provisions of this chapter. In addition, no
Section 44-132-40. The provisions of this chapter do not prohibit billing between laboratories for anatomic pathology services in instances where a sample or samples must be sent to another specialist.
Section 44-132-50. For purposes of this chapter, the term 'anatomic pathology services' means:
(1) histopathology or surgical pathology meaning the gross and microscopic examination of organ tissue performed by a physician or osteopath or under the supervision of a physician or osteopath;
(2) cytopathology meaning the examination of cells, from fluids, washings, brushings, or smears, including the Pap test examination performed by a physician or osteopath or under the supervision of a physician or osteopath;
(3) hematology meaning the microscopic evaluation of bone marrow aspirations and biopsies performed by a physician or osteopath, or under the supervision of a physician or osteopath, and peripheral blood smears when the attending or treating physician or osteopath, or technologist requests that a blood smear be reviewed by a pathologist;
(4) sub-cellular pathology and molecular pathology; and
(5) blood-banking services performed by pathologists.
This chapter does not apply to any clinical laboratory service that is not included in the definition of anatomic pathology as set forth in this section. Nothing contained in this chapter may be construed to prohibit payments for anatomic pathology services by government agencies or their specified public or private agent, agency, or organization on behalf of the recipient of the services. Nothing in this chapter may be construed to mandate the right of assignment of benefits for anatomic pathology services as defined in this chapter." /
Renumber sections to conform.
Amend title to conform.
Senator HUTTO explained the amendment.
The amendment was adopted.
Senator MOORE proposed the following amendment (NBD\ 12584AC04), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/SECTION ___.A. The General Assembly recognizes that the practice of cardiovascular invasive specialists is potentially harmful to the public in that the public does not have an adequate method to verify the qualifications of those persons who hold themselves out as qualified to practice.
B. Chapter 47, Title 40 of the 1976 Code is amended by adding:
Registered Cardiovascular Invasive Specialists
Section 40-47-1510. This article may be cited as the 'South Carolina Registered Cardiovascular Invasive Specialist Act'.
Section 40-47-1520. As used in this article:
(1) 'Cardiologist' means a physician who has successfully completed an approved cardiology training program including, but not limited to, a program approved by the Accreditation Committee on Graduate Medical Education, or its equivalent or successor.
(2) 'Cardiovascular Invasive Specialist' means a cardiovascular invasive specialist who is currently registered by Cardiovascular Credentialing International, has graduated from an accredited program of Cardiovascular Invasive Technology and who working under the direct supervision of a cardiologist performs procedures on patients resulting in accurate diagnosis and/or optimal treatment of congenital or acquired heart disease.
(3) 'Supervising cardiologist' means a South Carolina licensed physician currently possessing an active, unrestricted license to practice medicine in South Carolina who practices in the medical specialty of cardiology and has successfully completed a residency in cardiology, approved by the Accreditation Committee on Graduate Medical Education, or its equivalent or successor.
(4) 'Supervision' means medically directing and accepting responsibility for the cardiac services rendered by a registered cardiovascular invasive specialist in a manner provided for in law and the adopted protocol of the licensed facility. The supervising cardiologist must be in the facility and in the operative area such that he can be immediately available to participate directly in the care of the patient with whom the invasive cardiovascular specialist and the cardiologist are jointly involved.
Section 40-47-1530. A person may not wilfully practice or offer to practice as a cardiovascular invasive specialist unless that person is registered by the department. A person who uses the title cardiovascular specialist in any advertisement, business card or letterhead, or billing document or who makes another verbal or written
Section 40-47-1540. To be registered by the department as a cardiovascular invasive specialist, a person must:
(1) apply in writing to the department on a form available from the department;
(2) successfully complete an approved cardiology training program including, but not limited to, a program approved by the Accreditation Committee of Graduate Medical Education, or its equivalent or successor approved by the South Carolina Board of Medical Examiners;
(3) provide satisfactory evidence of current registration with Cardiovascular Credentialing International;
(4) provide satisfactory evidence that the applicant's practice protocol is in place, signed by each supervising cardiologist and by an appropriate representative of each licensed facility where practice is anticipated;
(5) pay a fee established by the department.
Section 40-47-1550. (A) Registration by the department as a cardiovascular invasive specialist must be renewed every two years. To renew a registration, a person shall:
(1) submit a complete application in writing;
(2) demonstrate continued competency including current registration with Cardiovascular Credentialing International and other requirements as provided by this article or regulation;
(3) pay a fee established by the department.
(B) A registration by the department as a cardiovascular invasive specialist automatically lapses if the registered person fails to make a timely and complete application for renewal or if the registered person fails to maintain current registration with Cardiovascular Credentialing International or another organization approved by the board.
Section 40-47-1560. (A) Cardiovascular invasive specialists may perform medical tasks and services within the framework of a facility's written practice protocol developed for the cardiovascular invasive specialist. Within this practice protocol the registered cardiovascular invasive specialist, under the supervision of a cardiologist may engage in these functions and duties:
(1) perform baseline patient assessment;
(2) evaluate patient response to diagnostic or interventional maneuvers and medications during cardiac catheterization laboratory procedures;
(3) provide patient care and drug administration commonly used in the cardiac catheterization laboratory under the direction of a qualified physician and subject to the oversight of the facility;
(4) act as the first assistant during diagnostic and therapeutic catheterization procedures; and
(5) assist in advanced cardiac life support procedures.
(B) A cardiovascular invasive specialist shall practice only under the supervision of a physician who is actively and directly engaged in the clinical practice of medicine as a cardiologist.
(C) A cardiovascular invasive specialist practicing at all sites shall practice pursuant to written scope of the facility's practice protocols signed by all supervising cardiologists and the cardiovascular invasive specialists. Copies of the protocols must be on file at all practice sites. The protocols shall include at a minimum the:
(1) name, license number, and practice addresses of the supervising cardiologists;
(2) name and practice address of the cardiovascular invasive specialists;
(3) date the protocol was developed and dates it was reviewed or amended;
(4) situations that require direct evaluation by or immediate referral to a cardiologist.
Section 40-47-1570. The department is responsible for all administrative activities of the registration program. The department shall employ and supervise personnel necessary to effectuate the provision of this article and shall establish fees sufficient, but not excessive, to cover expenses including direct and indirect costs to the State for the operations of this registration program. Fees must be adjusted as required by Title 40, Chapter 1.
(B) The department shall maintain a registry of all applications for registration and of all persons holding registration and shall make the roster of registered cardiovascular invasive specialists available on the department web site.
(C) The Board of Medical Examiners may promulgate regulations as necessary to effectuate this chapter.
Section 40-47-1580. If the department has reason to believe that a person registered pursuant to this article has become unfit to practice as a registered cardiovascular invasive specialist or if a complaint is filed with the department charging the registered person with the violation of a provision of this article or if a complaint is filed with the department alleging that an unregistered person is fraudulently holding himself or
Section 40-47-1590. (A) If, after investigation, it appears that the person registered pursuant to this article has become unfit to practice or has violated this article, the department shall file a petition with the Administrative Law Judge Division, stating the facts and the particular statutes and regulations at issue.
(B) The Administrative Law Judge Division, after opportunity for hearing, may order that the registration be revoked, suspended, or otherwise disciplined in accordance with Section 40-1-120 on the grounds that the registrant:
(1) used a false, fraudulent, or forged statement or document or committed a fraudulent, deceitful, or dishonest act or omitted a material fact in obtaining registration pursuant to this article;
(2) has had an authorization to practice a regulated profession or occupation in another state or jurisdiction canceled, revoked, or suspended, or has otherwise been disciplined by another jurisdiction;
(3) has lost or let lapse an underlying credential that served as the basis of registration;
(4) has intentionally used a false or fraudulent statement in a document connected with the practice of a registered cardiovascular invasive specialist;
(5) has obtained fees or assisted in obtaining fees under fraudulent circumstances; or
(6) has sustained a physical or mental disability or uses alcohol or drugs to such a degree as to render further practice as a registered cardiovascular invasive specialist dangerous to the public.
Section 40-47-1600. (A) A cardiovascular invasive specialist may not:
(1) perform a task which has not been listed and approved on the scope of the practice protocol currently on file with the facility;
(2) prescribe drugs, medications, or devices of any kind.
(B) A cardiovascular invasive specialist must clearly identify himself or herself to ensure that the cardiovascular invasive specialist is not mistaken or misrepresented as a physician. A cardiovascular invasive specialist must wear a clearly legible identification badge or other adornment at least one inch by three inches in size bearing the cardiovascular invasive specialist's name and the words 'Registered Cardiovascular Invasive Specialist'. Patients in facilities utilizing
Section 40-47-1610. (A) The Administrative Law Judge Division, after opportunity for hearing, may order injunctive relief against a person who, without possessing a valid certificate pursuant to this article, uses the title or term registered cardiovascular invasive specialist. For each violation the administrative law judge may impose a fine of no more than ten thousand dollars.
(B) A person who is not registered as required by this article may not bring an action either at law or in equity to enforce the provisions of a contract for providing services as a registered cardiovascular invasive specialist.
Section 40-47-1620. The Department of Health and Environmental Control shall promulgate regulations necessary to insure implementation or the provisions of this article."/
Renumber sections to conform.
Amend title to conform.
Senator MOORE explained the amendment.
The amendment was adopted.
Senators HUTTO and RITCHIE proposed the following amendment (3891R003.CBH), which was adopted:
Amend the bill, as and if amended, page 9, line 41, by inserting an appropriately numbered paragraph to read:
/ ( ) continues to provide acupuncture, auricular detoxification therapy, or auricular therapy services to any patient who the licensee treats at least one time per month for three consecutive months, and has not demonstrated clinical improvement, unless the licensee provides the patient with written notice, on or before the expiration of the third month, that the patient may need to seek a medical diagnosis from a licensed medical doctor or dentist before continuing with acupuncture, auricular detoxification therapy, or auricular therapy services, unless the patient was referred to the licensee by a licensed medical doctor or dentist. /
Renumber sections to conform.
Amend title to conform.
Senator HUTTO explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the third time and ordered returned to the House of Representatives with amendments.
H. 4455 (Word version) -- Reps. Clemmons, J. Brown, Sandifer, Leach, Clark, Toole, Ceips, Herbkersman and Gilham: A BILL TO AMEND SECTION 40-43-86, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VARIOUS REQUIREMENTS PERTAINING TO PHARMACIES, INCLUDING THE TRANSFER OF ORIGINAL PRESCRIPTION INFORMATION BETWEEN PHARMACIES IN THIS STATE, SO AS TO PROVIDE THAT ALL REMAINING REFILLS, RATHER THAN ONLY ONE REFILL, MAY BE TRANSFERRED TO AND DISPENSED BY THE RECEIVING PHARMACY, TO DELETE THE REFERENCE TO IN-STATE PHARMACIES, AND TO DELETE A PROVISION CONTAINING PROCEDURES FOR DISPENSING RESTRICTED DRUGS.
The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.
Senator ELLIOTT proposed the following amendment (4455 ELLIOTT), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION ____. Chapter 13, Title 40 of the 1976 Code is amended by adding:
"Section 40-13-255. (A) Only those individuals who are licensed to practice cosmetology or who are registered to practice hair braiding in this State may engage in the practice of hair braiding or perform hair braiding services in this State.
(B) Unless hair braiding is performed in a licensed cosmetology school, beauty salon, or a licensed barbershop, all implements used in connection with the hair braiding must be disposable or must be sanitized in a disinfectant approved for hospital use or approved by the Environmental Protection Agency.
(C) To practice hair braiding in this State, an individual shall:
(1) apply to the department for registration in a manner prescribed by the department;
(2) provide satisfactory proof of successful completion of a sixty hour department approved hair braiding course;
(3) pass an examination administered by the department; and
(4) pay a twenty-five dollar registration fee.
(D) The hair braiding instruction course shall consist of:
(1) twenty hours of instruction regarding sanitation and sterilization including:
(a) universal sanitation and sterilization precautions;
(b) how to distinguish between disinfectants and antiseptics;
(c) how to sanitize hands and disinfect tools used in the practice of hair braiding;
(2) thirty-five hours of instruction regarding disorders and diseases of the scalp, including:
(a) disorders and diseases of the scalp and how to distinguish between them;
(b) when hair braiding services can be performed on a client with disorders or diseases of the scalp;
(3) five hours of instruction regarding state law and regulations which pertain to the practice of hair braiding, including:
(a) the state laws and regulations promulgated by the board that:
( i) protect the health, safety, and welfare of the consumer;
( ii) determine where and when an individual may legally practice hair braiding;
(iii) specify prohibited conduct and the penalties for such conduct and for failure to follow state law and regulations;
(b) the composition of the Board of Cosmetology, how its members are appointed and their powers and duties;
(c) the organizational structure of the Department of Labor, Licensing and Regulation and its responsibilities as they relate to hair braiding; and
(d) the procedures, fees, and requirements for renewal of a hair braiding registration.
(E) Registration to practice hair braiding is valid for two years or until the end of the biennial licensure renewal cycle in which the registration is first issued, whichever occurs first. The holder of a registration to practice hair braiding shall renew his or her registration by paying the renewal fee and furnishing proof to the department that
(F) An individual currently engaging in the practice of hair braiding on the effective date of this section has one year from the effective date to complete the licensing requirements as provided in this section."/
Amend the bill further by adding an appropriately numbered SECTION to read:
/ SECTION _____. Section 40-13-20 of the 1976 Code, as last amended by Act 222 of 2000 is further amended by adding:
"(11) 'Hair braiding' means the weaving or interweaving of natural human hair for compensation without cutting, coloring, permanent waiving, relaxing, removing, or chemical treatment and does not include the use of hair extensions or wefts." /
Renumber sections to conform.
Amend title to conform.
The amendment was adopted.
Senator MOORE proposed the following amendment (NBD\ 12611AC04), which was adopted:
Amend the bill, as and if amended, Section 40-47-1620, page 8, beginning on line 1 by deleting /Department of Health and Environmental Control/ and inserting /Department of Labor, Licensing and Regulation/.
Renumber sections to conform.
Amend title to conform.
The amendment was adopted.
There being no further amendments, the Bill was read the third time and ordered returned to the House of Representatives with amendments.
H. 3400 (Word version) -- Reps. M.A. Pitts, Taylor and McLeod: A BILL TO REPEAL JOINT RESOLUTION 775 OF 1976 WHICH CALLED ON CONGRESS TO BALANCE THE FEDERAL BUDGET THROUGH SUBMITTING AN APPROPRIATE AMENDMENT TO THE STATES FOR RATIFICATION OR IN THE ALTERNATIVE TO CALL A CONSTITUTIONAL CONVENTION FOR THIS
The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.
Senators HAWKINS, FAIR, RITCHIE and MARTIN proposed the following amendment (JUD3400.003), which was adopted:
Amend the bill, as and if amended, by striking the bill in its entirety and inserting therein the following:
TO REPEAL JOINT RESOLUTION 775 OF 1976 WHICH CALLED ON CONGRESS TO BALANCE THE FEDERAL BUDGET THROUGH SUBMITTING AN APPROPRIATE AMENDMENT TO THE STATES FOR RATIFICATION OR IN THE ALTERNATIVE TO CALL A CONSTITUTIONAL CONVENTION FOR THIS PURPOSE, AND TO DISAVOW ANY OTHER CALLS FOR A CONSTITUTIONAL CONVENTION BY ANY MEANS EXPRESSED; AND TO RECOGNIZE THAT IT IS THE PUBLIC POLICY OF THIS STATE THAT SAME SEX MARRIAGES IN ANY OTHER JURISDICTION HAVE NO LEGAL FORCE OR EFFECT IN THIS STATE; AND TO AMEND ARTICLE 1, CHAPTER 1, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-1-17 SO AS TO PROVIDE THAT BENEFITS OF A SAME SEX MARRIAGE EXTENDED IN ANOTHER JURISDICTION HAVE NO LEGAL FORCE OR EFFECT IN THIS STATE.
Whereas, the General Assembly of the State of South Carolina, acting with the best of intentions, at various times and during various sessions, has previously made applications to Congress to call one or more conventions to propose either a single amendment concerning a specific subject or to call a general convention to propose an unspecified and unlimited number of amendments to the United States Constitution, pursuant to the provisions of Article V thereof; and
Whereas, former Chief Justice of the Supreme Court of the United States of America Warren E. Burger, former Associate Justice of the United States Supreme Court Arthur J. Goldberg, and other leading constitutional scholars agree that such a convention may propose sweeping changes to the Constitution, any limitations or restrictions purportedly imposed by the states in applying for such a convention or conventions to the contrary notwithstanding, thereby creating an
Whereas, the Constitution of the United States of America has been amended many times in the history of this nation and may be amended many more times, without the need to resort to a constitutional convention, and has been interpreted for more than two hundred years and has been found to be a sound document which protects the lives and liberties of the citizens; and
Whereas, there is no need for, rather, there is great danger in, a new constitution or in opening the Constitution to sweeping changes, the adoption of which would only create legal chaos in this nation and only begin the process of another two centuries of litigation over its meaning and interpretation;
Whereas, there is existing law in South Carolina that marriages between persons of the same sex are void ab initio and are against the public policy of this State; and
Whereas, because of the existing law, public acts, records, licenses, or judicial proceedings issued or enacted by another jurisdiction in contravention of existing South Carolina law are of no legal force or effect and are not recognized by this State or its political subdivisions in accordance with the public policy of South Carolina; and
Whereas, the recognition or extension by this State or its political subdivisions of the specific statutory benefits of a legal marriage to relationships between persons of the same sex is against the public policy of this State and its political subdivisions;
Now, therefore,
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Joint Resolution 775 of 1976 is repealed.
SECTION 2. The General Assembly of the State of South Carolina disavows any other calls or applications for a constitutional convention made to Congress prior to the effective date of this act, by any means expressed, including, but not limited to, S. 1024 of 1978.
SECTION 3. The Secretary of State is directed to forward copies of this act bearing the Great Seal of the State to the following persons: The President and Vice President of the United States, the Speaker of the House of Representatives, and each member of the South Carolina Congressional Delegation in Washington, D.C.
SECTION 4. Article 1, Chapter 1, Title 20 of the 1976 Code is amended by adding:
"Section 20-1-17. (A) Any public act, record, license, or judicial proceeding of this State or its political subdivisions that extends the specific statutory benefits of a legal marriage to relationships between persons of the same sex is void ab initio. Nothing in this subsection shall be construed to:
(1) prohibit the extension of specific benefits otherwise enjoyed be all persons, married or unmarried, to nonmarital relationships between persons of the same sex or different sexes, including the extension of benefits conferred by any statues that is not expressly limited to married persons; or
(2) affect the validity of private agreements that are otherwise valid under the laws of this State or that apply to the administration of benefits in the private sector.
(B) A public act, record, license, or judicial proceeding of any other state, country, or other jurisdiction outside this State that extends the specific benefits of a legal marriage to a relationship between persons of the same sex must be considered and treated in all respects as having no legal force or effect in this State or its political subdivisions and must not be recognized by this State or its political subdivisions."
SECTION 5. If any section, or provision of this act is held be a court of competent jurisdiction to be unconstitutional or invalid, it does not affect the remaining provisions of this act and all provisions of this act are hereby declared to be severable from other provisions.
SECTION 6. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Senator RITCHIE explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the third time and ordered returned to the House of Representatives with amendments.
Senator MARTIN asked unanimous consent to make a motion to reconsider the vote whereby the Senate gave H. 3400 a third reading.
There was no objection.
The Bill was ordered returned to the Third Reading Calendar.
H. 5085 (Word version) -- Reps. Cotty, Bales, Battle, Chellis, Frye, Herbkersman, Littlejohn, G.R. Smith and Snow: A BILL TO AMEND SECTION 12-6-1140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEDUCTIONS FROM SOUTH CAROLINA TAXABLE INCOME OF INDIVIDUALS FOR PURPOSES OF THE SOUTH CAROLINA INCOME TAX ACT, SO AS TO ALLOW A RESIDENT FULL-YEAR INDIVIDUAL TAXPAYER TO DEDUCT FROM SOUTH CAROLINA TAXABLE INCOME AN AMOUNT NOT TO EXCEED TEN THOUSAND DOLLARS OF UNREIMBURSED EXPENSES INCURRED BY THE TAXPAYER IN THE DONATION, WHILE LIVING, OF ONE OR MORE OF THE TAXPAYER'S ORGANS TO ANOTHER HUMAN BEING FOR HUMAN ORGAN TRANSPLANTATION AND TO PROVIDE DEFINITIONS AND THOSE EXPENSES THAT QUALIFY FOR THE DEDUCTION.
The Senate proceeded to a consideration of the Bill, the question being the third reading of the Bill.
Senator RYBERG proposed the following amendment (GGS\ 22729HTC04), which was adopted:
Amend the bill, as and if amended, in Section 12-6-1140, as contained in SECTION 1, page 1, by striking lines 38 through 40 and inserting:
/ (b) An individual may claim this deduction in connection with only one organ donation and the deduction is allowed for the taxable year in which the human organ transplantation occurs. Unused credit may be carried forward for the three succeeding taxable years. Expenses eligible for this deduction /
Renumber sections to conform.
Amend title to conform.
Senator RYBERG explained the amendment.
The amendment was adopted.
Senator RYBERG proposed the following amendment (GGS\ 22737HTC04), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered section to read:
/ SECTION _____. A. Article 25, Chapter 6, Title 12 of the 1976 Code is amended by adding:
"Section 12-6-3555. In the case of a decedent resident in this State at the time of death whose organs or tissues were removed for transplant, the decedent's surviving spouse or personal representative, as applicable, may elect to claim one of the following nonrefundable tax credits:
(1) a credit equal to one thousand dollars against any liability imposed pursuant to Section 12-6-510 on the decedent's final state individual income tax return;
(2) a credit equal to one thousand dollars against any liability imposed pursuant to Section 12-6-510 on the decedent's estate income tax return;
(3) a credit equal to one thousand dollars against any estate tax liability imposed pursuant to Chapter 16 of this title.
The department shall prescribe the documentation required to be filed by a surviving spouse or personal representative with the appropriate tax return in order to claim the credit allowed by this section."
B. Notwithstanding the general effective date of this act, this section takes effect upon approval of this act by the Governor and applies in the case of organs or tissues donated on and after that date. /
Renumber sections to conform.
Amend title to conform.
Senator RYBERG explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the third time and ordered returned to the House of Representatives with amendments.
The following Bill was read the third time and ordered sent to the House of Representatives:
S. 1183 (Word version) -- Senator Land: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 31-7-25 SO AS TO PROVIDE ADDITIONAL FINDINGS OF THE GENERAL ASSEMBLY WITH RESPECT TO PROPERTY
Senator LAND explained the Bill.
The following Bills, having been read the second time with notice of general amendments, were ordered placed on the Third Reading Calendar:
H. 3744 (Word version) -- Reps. Sandifer, Kirsh, Richardson, Cato, Young, Battle, E.H. Pitts, Barfield, G.R. Smith, Clemmons, Ceips, Chellis, Clark, Cooper, Davenport, Duncan, Edge, Gilham, Herbkersman, Huggins, Keegan, Bingham, Leach, Littlejohn, Townsend, Kennedy, Loftis, Dantzler, Mahaffey, Bailey, Koon, McCraw, Frye, Owens, Perry, Umphlett, Phillips, Pinson, Rice, Scarborough, Simrill, D.C. Smith, J.R. Smith, Snow, Stille, Taylor, Toole, Tripp, Trotter, Vaughn, Viers, Walker, White, Whitmire and Witherspoon: A BILL TO AMEND SECTION 15-7-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ACTIONS THAT MUST BE TRIED IN THE
Senator MOORE asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
On motion of Senator MOORE, with unanimous consent, the Bill was read the second time with notice of general amendments, carrying over all amendments to third reading.
H. 3734 (Word version) -- Rep. Cooper: A BILL TO AMEND SECTION 48-20-240, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISPOSITION OF FEES AND CIVIL PENALTIES COLLECTED PURSUANT TO THE SOUTH CAROLINA MINING ACT, SO AS TO PROVIDE THAT ANY INCREASE IN FEE REVENUE ATTRIBUTABLE TO THE FEE STRUCTURE IMPOSED JULY 1, 2003, MUST BE APPROPRIATED FOR THE BUDGET OF THE MINING AND RECLAMATION PROGRAM IN THE SOUTH CAROLINA DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL SPECIFICALLY TO PROVIDE ADDITIONAL STAFF FOR THE PROGRAM AND TO PROVIDE EDUCATIONAL AND TRAINING ASSISTANCE TO THE MINING INDUSTRY IN THIS STATE.
Senator CROMER asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
On motion of Senator CROMER, with unanimous consent, the Bill was read the second time with notice of general amendments, carrying over all amendments to third reading.
H. 4261 (Word version) -- Reps. Umphlett, Dantzler, Duncan, Herbkersman, Hinson, Limehouse, Mahaffey, Merrill, Owens, Pinson, M.A. Pitts, Richardson,
Senator RYBERG asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
On motion of Senator RYBERG, with unanimous consent, the Bill was read the second time with notice of general amendments, carrying over all amendments to third reading.
H. 3229 (Word version) -- Reps. Coates, Altman, Bailey, Simrill, Viers, M.A. Pitts, Littlejohn, Wilkins, Branham, M. Hines, G.M. Smith, McGee, R. Brown, Vaughn, Leach, Witherspoon, Hamilton, Tripp, Perry, Trotter, Cooper, Duncan, Barfield, Delleney and Toole: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 10-1-168 SO AS TO AUTHORIZE AN OBJECT CONTAINING THE WORDS OF THE TEN COMMANDMENTS TO BE DISPLAYED ON REAL PROPERTY OWNED BY THE STATE ALONG WITH OTHER DOCUMENTS OF HISTORICAL SIGNIFICANCE THAT HAVE FORMED AND INFLUENCED THE UNITED STATES LEGAL OR GOVERNMENTAL SYSTEM.
The Bill was read the second time with notice of general amendments, carrying over all amendments to third reading.
H. 4978 (Word version) -- Reps. Townsend, Stille, J.M. Neal, Gilham, Pinson, Lourie and Martin: A BILL TO AMEND SECTION 59-150-360, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TUITION ASSISTANCE FOR TECHNICAL COLLEGES AND TWO-YEAR INSTITUTIONS, SO AS TO PROVIDE THAT A HIGH SCHOOL STUDENT WHO IS DUALLY ENROLLED IN AN ELIGIBLE TWO-YEAR INSTITUTION IS NOT REQUIRED TO BE DEGREE SEEKING AND IS NOT REQUIRED TO COMPLETE A
Senator THOMAS asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
On motion of Senator THOMAS, with unanimous consent, the Bill was read the second time with notice of general amendments, carrying over all amendments to third reading.
H. 4798 (Word version) -- Rep. Townsend: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-19-265 SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES MAY ACCEPT ELECTRONICALLY FILED LIEN INFORMATION FOR NEWLY ACQUIRED VEHICLES, VEHICLES ALREADY TITLED, AND LIEN RELEASES; TO PROVIDE A FEE FOR COMMERCIAL PARTIES WHO TRANSMIT OR RETRIEVE DATA FROM THE DEPARTMENT, AND TO PROVIDE FOR THE COLLECTION AND DISBURSEMENT OF THIS FEE.
Senator RYBERG explained the Bill.
H. 4805 (Word version) -- Rep. Townsend: A BILL TO AMEND SECTION 56-9-350, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OBTAINING VERIFICATION THAT AN OPERATOR OF A MOTOR VEHICLE INVOLVED IN AN ACCIDENT THAT RESULTS IN PROPERTY DAMAGE MUST VERIFY THAT THE VEHICLE HAS LIABILITY INSURANCE COVERAGE, SO AS TO REVISE THE MINIMUM AMOUNT OF PROPERTY DAMAGE THAT MUST OCCUR BEFORE INSURANCE VERIFICATION MUST BE OBTAINED; TO AMEND SECTION 56-9-351, AS AMENDED, RELATING TO THE SUSPENSION OF THE DRIVER'S LICENSE AND MOTOR VEHICLE REGISTRATION OF PERSONS INVOLVED IN CERTAIN MOTOR VEHICLE ACCIDENTS, SO AS TO REVISE THE MINIMUM AMOUNT OF PROPERTY DAMAGE THAT MUST OCCUR BEFORE THE PROVISIONS CONTAINED IN THIS SECTION BECOME APPLICABLE; AND TO AMEND SECTION 56-9-359, RELATING TO THE AMOUNT OF SECURITY THE DEPARTMENT OF MOTOR VEHICLES MAY ORDER A PERSON
The Bill was read the second time with notice of general amendments, carrying over all amendments to third reading.
H. 4758 (Word version) -- Reps. Richardson, Simrill, Altman, Bales, Battle, Emory, Kirsh, Lee, Littlejohn, McCraw, McGee, Owens, Scarborough, Vaughn and Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 42 TO CHAPTER 3, TITLE 56 SO AS TO PROVIDE FOR THE ISSUANCE OF CAROLINA PANTHERS SPECIAL LICENSE PLATES.
Senator LEVENTIS explained the Bill.
H. 4819 (Word version) -- Reps. Govan, Townsend, G. Brown, Clyburn, McLeod, Weeks, Whipper, Moody-Lawrence, Lee, Mack, J.E. Smith, Allen, Branham, Breeland, J. Brown, R. Brown, Clark, Clemmons, Cobb-Hunter, Emory, Gourdine, J. Hines, M. Hines, Hosey, Howard, Littlejohn, Lloyd, Loftis, Mahaffey, J.H. Neal, Parks, Rivers, Rutherford, Scott, Sinclair, F.N. Smith, Snow, Taylor and Tripp: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY DESIGNATING SECTIONS 59-29-10 THROUGH 59-29-220 AS ARTICLE 1, GENERAL PROVISIONS, OF CHAPTER 29, TITLE 59; BY ADDING ARTICLE 3 TO CHAPTER 29, TITLE 59 SO AS TO ENACT THE FINANCIAL LITERACY INSTRUCTION ACT OF 2004, TO PROVIDE FOR THE DEVELOPMENT OR ADOPTION OF A CURRICULUM FOR LOCAL SCHOOL BOARDS TO TEACH FINANCIAL LITERACY, AND TO PROVIDE FOR THE ESTABLISHMENT OF A FUND TO RECEIVE PUBLIC AND PRIVATE CONTRIBUTIONS FOR FINANCIAL LITERACY INSTRUCTION.
Senator MESCHER asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
On motion of Senator MESCHER, with unanimous consent, the Bill was read the second time with notice of general amendments, carrying over all amendments to third reading.
H. 4935 (Word version) -- Rep. Richardson: A BILL TO AMEND SECTION 56-3-8600, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF DUCKS UNLIMITED
H. 4790 (Word version) -- Reps. Merrill, Hinson, Harrison, Quinn, McLeod, J.E. Smith, Herbkersman, Lourie, Bingham, Scarborough, Young, E.H. Pitts, Emory, McGee, Frye, J.H. Neal, Hagood, Allen, Altman, Bailey, Barfield, Battle, Bowers, Cato, Ceips, Chellis, Cobb-Hunter, Coleman, Dantzler, Davenport, Delleney, Duncan, Edge, Hamilton, Keegan, Kennedy, Leach, G.R. Smith, Cotty, Limehouse, Toole, Harvin, Littlejohn, Martin, McCraw, Miller, M.A. Pitts, Sandifer, G.M. Smith, W.D. Smith, Stille, Talley, Taylor, Umphlett, Viers, Weeks and Whitmire: A BILL TO AMEND SECTIONS 14-7-1610, 14-7-1615, AND 14-7-1630, ALL AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE GRAND JURY SYSTEM, SO AS TO REVISE ITS JURISDICTION TO INCLUDE ENVIRONMENTAL OFFENSES.
Senator MOORE asked unanimous consent to take the Bill up for immediate consideration.
There was no objection.
On motion of Senator MOORE, with unanimous consent, the Bill was read the second time with notice of general amendments, carrying over all amendments to third reading.
H. 4482 (Word version) -- Reps. Cotty, Altman, G.M. Smith, Davenport, Coates, J. Brown, Richardson, Kirsh, Owens, Weeks, Clark, Harrison, J.R. Smith, E.H. Pitts, Hinson, Walker, J.E. Smith and Whipper: A BILL TO AMEND CHAPTER 29, TITLE 6, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO LOCAL GOVERNMENT PLANNING, BY ADDING ARTICLE 11 SO AS TO ENACT THE "FEDERAL DEFENSE FACILITIES UTILIZATION INTEGRITY PROTECTION ACT" WHICH PROVIDES PROCESSES AND PROCEDURES WHEREBY LOCAL PLANNING ENTITIES AND OFFICIALS MUST CONSIDER CERTAIN MATTERS AND TAKE CERTAIN ACTIONS IN REGARD TO DEVELOPMENT IN AREAS CONTIGUOUS TO
Senator RITCHIE explained the Bill.
H. 5020 (Word version) -- Reps. Cato, Wilkins and Sandifer: A BILL TO AMEND SECTION 48-52-670, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO GUARANTEED ENERGY SAVINGS CONTRACT, SO AS TO PROVIDE THAT THESE CONTRACTS SHALL BE KNOWN AS GUARANTEED ENERGY, WATER, OR WASTE WATER SAVINGS CONTRACTS AND TO FURTHER PROVIDE FOR THE REQUIREMENTS, TERMS, AND CONDITIONS OF THESE CONTRACTS.
H. 4735 (Word version) -- Reps. Cato and McGee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 23-43-85 SO AS TO PROVIDE APPEARANCE, CONSTRUCTION, AND FOUNDATION STANDARDS FOR A MODULAR HOME CERTIFIED FOR PLACEMENT IN SOUTH CAROLINA; AND TO AMEND SECTION 12-36-2120, AS AMENDED, RELATING TO EXEMPTIONS FROM THE SALES TAX IN THIS STATE, SO AS TO PROVIDE AN EXEMPTION FOR SIXTY PERCENT OF THE GROSS PROCEEDS OF THE SALE OF A MODULAR HOME AND TO DEFINE "GROSS PROCEEDS OF SALE", FOR THIS PURPOSE.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Labor, Commerce and Industry Committee.
The Committee on Labor, Commerce and Industry proposed the following amendment (4735R001.JVS), which was adopted:
Amend the bill, as and if amended, by adding the following appropriately numbered SECTIONS to read:
/ SECTION __. Article 1, Chapter 1, Title 56 of the 1976 Code is amended by adding:
"Section 56-1-305. The Department of Motor Vehicles shall suspend the driver's license, permit, or nonresident operating privilege of, or deny the issuance of a driver's license or permit to, a person who has an outstanding judgment for failure to pay a toll pursuant to Section 57-5-1495(E) entered against him. The suspension or denial of
SECTION __. Article 9, Chapter 3, Title 56 of the 1976 Code is amended by adding:
"Section 56-3-1335. (A) The department may suspend, cancel, or revoke the registration of a corporately owned vehicle if the vehicle's owner is found to be liable for failing to pay a toll pursuant to Section 57-5-1495(E). The suspension, cancellation or revocation shall run until the judgment is satisfied, evidence of the satisfaction has been provided to the department, and the reinstatement fee of one hundred dollars has been paid to the department.
(B) The fees collected by the department pursuant to this provision must be distributed as follows: seventy dollars must be placed by the Comptroller General into a special restricted account to be used by the Department of Motor Vehicles to defray the expenses of the Department of Motor Vehicles; twenty-nine dollars placed in the state general fund; and one dollar credited to the 'Keep South Carolina Beautiful Fund' established pursuant to Section 56-3-3950. From the 'Keep South Carolina Beautiful Fund', the Department of Transportation shall expend funds necessary to employ, within the Department of Transportation, a person with training in horticulture to administer a program for beautifying the rights-of-way along state highways and roads."
SECTION __. Section 57-5-1495(E) of the 1976 Code, as added by Act 407 of 1998, is amended to read:
"(E) Upon failure to pay the required toll and administrative fees to the department within thirty days of the notice, the owner or operator may be cited for failure to pay a toll pursuant to this subsection and, upon an adjudication of liability, is subject to a civil penalty not to exceed fifty dollars for each violation as contained in subsection (F). Upon an adjudication of liability, a judgment must be entered against the owner or operator and the court must mail a copy of the judgment to the owner or operator. Upon failure to satisfy the judgment within thirty days, the court shall electronically notify the Department of Motor Vehicles and the department shall suspend the owner's or the operator's driver's license pursuant to Section 56-1-305. If the operator is unknown and the vehicle is owned by a corporate entity, the Department of Motor Vehicles, upon notification of the court, shall suspend the vehicle's registration. The suspension shall remain in
SECTION __. Section 57-5-1495(G)(3) of the 1976 Code, as added by Act 407 of 1998, is amended to read:
"(3) a 'Failure to Pay a Toll' citation to the owner or operator of a vehicle which is identified as having been involved in a third toll violation in a twelve-month period, or who has failed to respond to the second notice within the required time period. The citation requires payment to the department of the unpaid tolls, plus an administrative fee of not more than twenty-five dollars for each violation, within thirty days, or the recipient's appearance in magistrate's court of the county in which the violation occurred or the municipal court of the city in which the violation has occurred to contest the citation. The citation is a traffic citation within the meaning of Chapter 25, Title 56 A failure to pay a citation constitutes the summons and complaint for an action to recover the toll and all applicable fees allowed pursuant to the section; and" /
Renumber sections to conform.
Amend title to conform.
Senator ALEXANDER explained the committee amendment.
The committee amendment was adopted.
On motion of Senator ALEXANDER, with unanimous consent, the Bill was read the second time with notice of general amendments, carrying over all amendments to third reading.
H. 4797 (Word version) -- Rep. Townsend: A BILL TO AMEND SECTION 56-1-50, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE OF BEGINNER'S PERMITS, SO AS TO PROVIDE THAT A STUDENT WHO IS FIFTEEN YEARS OF AGE ENROLLED IN A HIGH SCHOOL DRIVER'S TRAINING COURSE IS NOT REQUIRED TO OBTAIN A BEGINNER'S PERMIT TO OPERATE A MOTOR VEHICLE; AND TO REPEAL SECTION 56-5-6140 RELATING TO
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Transportation.
The Committee on Transportation proposed the following amendment (MS\7349MM04), which was adopted:
Amend the bill, as and if amended, Section 56-1-50(E)(1) as found in SECTION 1, page 1, line 30 by inserting after
/ student / the words / at least /
Renumber sections to conform.
Amend title to conform.
Senator RYBERG explained the committee amendment.
The committee amendment was adopted.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments.
S. 855 (Word version) -- Senators Knotts, Cromer, Verdin, Richardson, Giese, Leatherman, Peeler, Branton, Ravenel, Glover, Kuhn, Waldrep, Mescher and McConnell: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS 9-1-1675 AND 9-11-165 SO AS TO PROVIDE THAT NO MORE THAN THIRTY-SIX MONTHS OF OVERPAYMENTS MAY BE RECOUPED FROM THE RETIREMENT BENEFITS OF RETIREES UNDER THE SOUTH CAROLINA RETIREMENT SYSTEM AND THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM WHO RECEIVED OVERPAYMENTS THROUGH NO FRAUDULENT ACT OF THE RETIREE.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Finance.
The Committee on Finance proposed the following amendment (855R003.HKL), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Article 13, Chapter 1, Title 9 of the 1976 Code is amended by adding:
"Section 9-1-1675. If a retired member receives overpayment of retirement benefits through no fraudulent act or misrepresentation of the member, the system may not recoup from the retiree's benefit more than the total of overpayments received by the member in the thirty-six months preceding the date the system provides notice in writing to the member of the overpayment. Benefits received by members under the previously existing Social Security Advance Option do not constitute overpayments under this section. Therefore, these benefits are exempt from this provision. The Social Security Advance Option includes cost of living and other special increases applied to the amount of the advance or reduction in allowance under Section 9-1-1620."
SECTION 2. Article 1, Chapter 11, Title 9 of the 1976 Code is amended by adding:
"Section 9-11-165. If a retired member receives overpayment of retirement benefits through no fraudulent act or misrepresentation of the member, the system may not recoup from the retiree's benefit more than the total of overpayments received by the member in the thirty-six months preceding the date the system provides notice in writing to the member of the overpayment. Benefits received by members under the previously existing Social Security Advance Option do not constitute overpayments under this section. Therefore, these benefits are exempt from this provision. The Social Security Advance Option includes cost of living and other special increases applied to the amount of the advance or reduction in allowance under Section 9-11-150."
SECTION 3. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Senator HAYES explained the committee amendment.
The committee amendment was adopted.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments.
H. 4801 (Word version) -- Rep. Townsend: A BILL TO AMEND SECTION 56-1-748, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS WHO ARE ISSUED A RESTRICTED DRIVER'S LICENSE UNDER VARIOUS PROVISIONS OF LAW BEING INELIGIBLE TO OBTAIN A SPECIAL RESTRICTED DRIVER'S LICENSE UNDER THESE PROVISIONS, SO AS TO PROVIDE THAT THIS LIMITATION ALSO APPLIES TO A PERSON ISSUED A RESTRICTED DRIVER'S LICENSE AFTER HIS LICENSE IS SUSPENDED FOR REFUSING TO SUBMIT TO TESTING TO DETERMINE HIS ALCOHOL CONCENTRATION OR FOR REGISTERING A CERTAIN LEVEL OF ALCOHOL CONCENTRATION; AND TO AMEND SECTION 56-1-1320, AS AMENDED, RELATING TO THE ISSUANCE OF PROVISIONAL DRIVER'S LICENSES, SO AS TO PROVIDE THAT A PERSON MAY BE ISSUED ONLY ONE PROVISIONAL DRIVER'S LICENSE IN A TEN-YEAR PERIOD.
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
Senators McCONNELL and RYBERG proposed the following amendment (JUD4801.001), which was adopted:
Amend the bill, as and if amended, page 1, beginning on line 32, by striking SECTION 1 in its entirety and inserting therein the following:
/ SECTION 1. Section 56-1-748 of the 1976 Code, as last amended by Act 115 of 1999, is further amended to read:
"Section 56-1-748. No A person issued a special restricted driver's license under the provisions of Section 56-1-170(B), Section 56-1-320(A), Section 56-1-740(B), Section 56-1-745(C), Section 56-1-746(D), Section 56-5-750(G), Section 56-9-430(B), Section 56-10-260(B), or Section 56-10-270(C) Section 56-5-2951 shall subsequently be is not eligible for issuance of a special restricted driver's license under these provisions." /
Renumber sections to conform.
Amend title to conform.
Senator RITCHIE explained the amendment.
The amendment was adopted.
On motion of Senator SETZLER, with unanimous consent, the Bill was read the second time with notice of general amendments, carrying over all amendments to third reading.
H. 4796 (Word version) -- Rep. Townsend: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 56-1-2005, SO AS TO PROVIDE THAT THE DEPARTMENT OF MOTOR VEHICLES SHALL ADMINISTER THE STATE'S COMMERCIAL DRIVER LICENSE PROGRAM; TO AMEND SECTION 56-1-10 AND SECTION 56-1-630, BOTH AS AMENDED, RELATING TO DEFINITIONS OF TERMS CONTAINED IN PROVISIONS CONCERNING MOTOR VEHICLES, SO AS TO REVISE THE DEFINITION OF THE TERM "CONVICTION"; TO AMEND SECTION 56-1-2030, AS AMENDED, RELATING TO DEFINITION OF TERMS CONTAINED IN THE SOUTH CAROLINA COMMERCIAL DRIVER'S LICENSE ACT, SO AS TO REVISE THE DEFINITION OF THE TERM "SERIOUS TRAFFIC VIOLATION"; TO AMEND SECTION 56-1-2080, AS AMENDED, RELATING TO ISSUANCE OF A COMMERCIAL DRIVER'S LICENSE, SO AS TO REVISE THE CONTENTS OF THE AGREEMENT A THIRD PARTY MUST ENTER INTO WITH THE DEPARTMENT OF MOTOR VEHICLES IN ORDER TO ADMINISTER THE COMMERCIAL DRIVER'S LICENSE SKILLS TEST; TO AMEND SECTION 56-1-2100, AS AMENDED, RELATING TO THE COMMERCIAL DRIVER'S LICENSE, SO AS TO REVISE THE REQUIREMENTS TO OBTAIN A HAZARDOUS MATERIAL ENDORSEMENT; TO AMEND SECTION 56-1-2110, AS AMENDED, RELATING TO VIOLATIONS THAT RESULT IN A PERSON BEING DISQUALIFIED FROM DRIVING A COMMERCIAL MOTOR VEHICLE, SO AS TO PROVIDE THAT OFFENSES COMMITTED BY A COMMERCIAL DRIVER'S LICENSE HOLDER IN A COMMERCIAL OR NONCOMMERCIAL VEHICLE MAY BE USED TO DISQUALIFY A PERSON FROM DRIVING A COMMERCIAL MOTOR VEHICLE, AND TO
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Transportation.
The Committee on Transportation proposed the following amendment (PT\2093MM04), which was adopted:
Amend the bill, as and if amended, Section 56-1-10(11) as found in SECTION 2 and Section 56-1-630(3) as found in SECTION 3, by inserting after /probated/ at line 36, page 2, and line 12, page 3, the following:
/ except that 'conviction' does not include a conviction for careless driving /
Renumber sections to conform.
Amend title to conform.
Senator RYBERG explained the committee amendment.
The committee amendment was adopted.
Senators SHEHEEN and ALEXANDER proposed the following amendment (4796R001.VAS), which was adopted:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/ SECTION __. A. Section 56-1-130 of the 1976 Code is amended by adding at the end:
"(E) The department shall include a noncommercial classified driver's license to operate or tow a recreational vehicle in excess of twenty-six thousand pounds gross vehicle weight rating or gross combination weight rating which must be indicated by endorsement on the license. An applicant operating a combination recreational vehicle with a gross combination weight rating over twenty-six thousand pounds where the trailing unit is over twelve thousand pounds, must
B. This section takes effect January 1, 2005. /
Renumber sections to conform.
Amend title to conform.
Senator SHEHEEN explained the amendment.
The amendment was adopted.
On motion of Senator RITCHIE, the Bill was read the second time with notice of general amendments, carrying over all amendments to third reading.
H. 4968 (Word version) -- Reps. Limehouse, Harrell, J.E. Smith, Cato, Ceips, Clyburn, Edge, Herbkersman, Hinson, Lourie, Neilson, Cobb-Hunter, Lloyd, Gourdine, J.H. Neal, Parks and Bowers: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 62 TO TITLE 12 SO AS TO ENACT THE SOUTH CAROLINA MOTION PICTURE INCENTIVE ACT, PROVIDING FOR NEW TAX INCENTIVES FOR MOTION PICTURE PRODUCTION COMPANIES SPENDING MONIES IN SOUTH CAROLINA, SPECIFICALLY, RELIEF FROM THE SALES AND USE TAX, AN EMPLOYMENT TAX REBATE, AND A SEVEN PERCENT REBATE OF THE COST OF GOODS AND SERVICES, AS WELL AS ASSISTANCE AND CONVENIENCE IN LOCATING, AND NEGOTIATING RATES FOR THE USE OF, PUBLIC PROPERTY AS FILMING LOCATIONS,
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Finance.
Senators FORD and RITCHIE proposed the following amendment (DKA\3968DW04), which was adopted:
Amend the report of the Committee on Finance, as and if amended, Section 1-30-25(D), SECTION 5, page [4968-12], line 23, by striking / and / and inserting / and /; line 24, by striking / ;. / and inserting / ; and /; and by inserting after line 24 an item to read:
/ (10) encouragement and consideration as appropriate so as to consider race, gender, and other demographic factors to ensure nondiscrimination, inclusion, and representation of all segments of the State to the greatest extent possible." /
Renumber sections to conform.
Amend title to conform.
Senator RITCHIE explained the amendment.
The amendment was adopted.
The following Clerk's Perfecting Amendment (4968R001.HKL) was adopted:
Amend the Committee Report, as and if amended, page [4958-10], by striking line 18, and inserting:
/ Economic Development shall certify the motion picture project /
Renumber sections to conform.
Amend title to conform.
The amendment was adopted.
On motion of Senator LEVENTIS, with unanimous consent, the Bill was read the second time with notice of general amendments, carrying over all amendments to third reading.
S. 1090 (Word version) -- Senator McGill: A BILL TO AMEND SECTION 4-9-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE POWERS OF THE GOVERNING BODY OF A COUNTY, SO AS TO PROVIDE THAT, AS AN ALTERNATIVE TO THE GRADUATED BUSINESS LICENSE TAX, A COUNTY MAY IMPOSE A FLAT BUSINESS LICENSE TAX IN AN
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Finance.
The Committee on Finance proposed the following amendment (1090R001.HKL), which was adopted:
Amend the bill, as and if amended, page 2, by striking lines 4-13 and inserting:
/ (b) to require a business registration and may impose an administrative fee not to exceed fifteen dollars. The fee is an administrative fee not based upon business income. The business registration authorized by this subsection is to be administered and enforced in the same manner as the business license tax in subsection (a). The business registration authorized in this subsection may be required throughout the county area. County council has the option to impose a fee and the fee may not exceed fifteen dollars. The business registration authorized in this subsection may not be converted into a business license tax as authorized in subsection (a) above. The business registration administrative fee may be billed on any property tax bill. If a fee is billed on a property tax bill, it is deemed to be property tax for the purposes of collection. /
Renumber sections to conform.
Amend title to conform.
Senator ALEXANDER explained the committee amendment.
The committee amendment was adopted.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments.
H. 4537 (Word version) -- Reps. Walker, Wilkins, W.D. Smith, Harrison, Witherspoon, Cato, Townsend, Littlejohn, Davenport, J.E. Smith, Huggins, Lourie, Scott, Bales, McGee, Sinclair, Anthony, Harvin, Cotty, Leach, Allen, Altman, Bailey, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Ceips,
The Senate proceeded to a consideration of the amendment, the question being the second reading of the Bill.
Senators LEVENTIS, RYBERG, RITCHIE and McCONNELL proposed the following amendment (SWB\6115AHB04), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. A. Section 13-1-30(C) of the 1976 Code, as last amended by Act 361 of 1994, is further amended to read:
"(C) Notwithstanding any other provision of law, the Secretary of Commerce may appoint a director for each division of the department, except for the Division of Aeronautics who must be appointed by the Governor in accordance with Section 13-1-1080. Each Except for the Executive Director of the Division of Aeronautics who shall serve at the pleasure of the Aeronautics Commission, each director shall serve at the pleasure of the Secretary of Commerce and shall be responsible to the secretary for the operation of the programs outlined by the secretary."
B. Chapter 1, Title 13 of the 1976 Code is amended by adding:
Aeronautics Commission
Section 13-1-1000. Notwithstanding any other provision of law, the following terms, when used in this article, have the following meanings unless the context clearly requires otherwise:
(1) 'Department' means the Department of Commerce;
(2) 'Executive director' means the Executive Director for the Division of Aeronautics;
(3) 'Division' means the Division of Aeronautics; and
(4) 'Commission' means the Aeronautics Commission.
Section 13-1-1010. Notwithstanding any other provision of law, the Aeronautics Commission is hereby created within the Department of Commerce to assist the Secretary of Commerce in the operation of and to oversee the Division of Aeronautics and there may be no purchase or sale of any aeronautics assets without the approval of the commission and the Secretary of Commerce.
Section 13-1-1020. Notwithstanding any other provision of law, the congressional districts of this State are constituted and created commission districts of the State, designated by numbers corresponding to the number of the respective congressional districts. The commission shall be composed of one member from each district elected by the delegations of the congressional district and one member appointed by the Governor, upon the advice and consent of the Senate, from the State at large. The elections or appointments shall take into account race and gender so as to represent, to the greatest extent possible, all segments of the population of the State and shall comply with the provisions of Chapter 13, Title 8. However, consideration of these factors in making an appointment or in an election does not create a cause of action or basis for an employee grievance for a person
Section 13-1-1030. (A) Notwithstanding any other provision of law, a county that is divided among two or more commission districts, for purposes of electing a commission member, is considered to be in the district which contains the largest number of residents from that county.
(B) Notwithstanding any other provision of law, no county within a commission district shall have a resident commission member for more than one consecutive term and in no event shall any two persons from the same county serve as a commission member simultaneously.
Section 13-1-1040. Notwithstanding any other provision of law, legislators residing in the congressional district shall meet upon written call of a majority of the members of the delegation of each district at a time and place to be designated in the call for the purpose of electing a commissioner to represent the district. A majority present, either in person or by written proxy, of the delegation from a given congressional district constitutes a quorum for the purpose of electing a district commissioner. No person may be elected commissioner who fails to receive a majority vote of the members of the delegation.
The delegation must be organized by the election of a chairman and a secretary, and the delegations of each congressional district shall adopt rules they consider proper to govern the election. Any absentee may vote by written proxy. When the election is completed, the chairman and the secretary of the delegation shall immediately transmit the name of the person elected to the Secretary of State who shall issue to the person after he has taken the usual oath of office, a certificate of election as commissioner. The Governor then shall issue a commission to the person, and pending the issuance of the commission, the certificate of election is sufficient warrant to the person to perform all of the duties and functions of his office as commissioner. Each commissioner shall serve until his successor is elected and qualified.
Section 13-1-1050. (A) Notwithstanding any other provision of law, beginning February 15, 2005, commissioners must be elected by the legislative delegation of each congressional district. For the purposes of electing a commission member, a legislator shall vote only in the congressional district in which he resides. All commission members must serve for a term of office of four years that expires on February fifteenth of the appropriate year. Commissioners shall continue to serve until their successors are elected and qualify, provided that a commissioner may only serve until their successors are elected and qualify, and provided that a commissioner may only serve in a
(B) The terms of the initial members of the commission appointed from congressional district are as follows:
(1) commission members appointed to represent congressional district one and two, two years;
(2) commission members appointed to represent congressional district three and four, three years;
(3) commission members appointed to represent congressional district five and six, four years.
(C) The at-large commissioner shall serve at the pleasure of the Governor.
Section 13-1-1060. Notwithstanding any other provision of law, each voting commission member, within thirty days after his election or appointment, and before entering upon the discharge of the duties of his office, shall take, subscribe, and file with the Secretary of State the oath of office prescribed by the Constitution of the State.
Section 13-1-1070. (A) The commission may adopt an official seal for use on official documents of the division.
(B) The commission shall adopt its own rules and procedures and may select additional officers to serve terms designated by the commission.
(C) Commissioners must be reimbursed for official expenses as provided by law for members of state boards and commissions as established in the annual general appropriation act.
Section 13-1-1080. Notwithstanding any other provision of law, the executive director shall be appointed in accordance with the following procedures:
(A)(1) The commission shall nominate no more than one qualified candidate for the Governor to consider for appointment as executive director. In order to be nominated, a candidate must meet the minimum requirements as provided in Section 13-1-1090.
(2) If the Governor rejects a person nominated by the commission for the position of executive director, the commission must nominate another candidate for the Governor to consider until such time as the Governor makes an appointment.
(3) In the case of a vacancy in the position of executive director for any reason, the name of a nominee for the executive director's successor must be submitted by the commission to the Governor.
(4) The appointment must comply with the provisions contained in Chapter 13, Title 8.
(B) The executive director shall serve at the pleasure of the commission and be appointed as provided in Section 13-1-1080.
Section 13-1-1090. Notwithstanding any other provision of law, individuals serving on the commission must meet the following minimum qualifications to be qualified:
(1) the commission chairman must have experience in the fields of business, general aviation, and airport management;
(2) all other members of the commission must have a proven record of public and community service, and experience in the fields of business and aviation. Additionally, each member must meet at least two of the following criteria:
(a) general aviation experience;
(b) airport or fixed based operator (FBO) management experience;
(c) aviation service provider experience;
(d) previous service as a state or regional airport commissioner;
(e) legal experience; or
(f) active involvement in a recognized aviation association."
C. Section 55-1-5(3) of the 1976 Code, as last amended by Act 361 of 1994, is further amended to read:
"(3) Notwithstanding any other provision of law, 'Director or designee' means the person or persons appointed by the secretary, serving at his will and pleasure as his designee, Governor in accordance with Section 13-1-1080 and serving at the pleasure of the Aeronautics Commission to supervise and carry out the functions and duties of the Division of Aeronautics as provided for by law."
D. Section 55-5-20(12) of the 1976 Code is amended to read:
"(12) Notwithstanding any other provision of law, 'aviation gasoline' means gasoline and aviation jet fuel manufactured exclusively for use in airplanes and sold for such purposes."
E. Section 55-5-50 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 55-5-50. Notwithstanding any other provision of law, the director Aeronautics Commission shall employ a deputy director of aeronautics in accordance with the provision contained in Section 13-1-1050 and 13-1-1080 and such other employees as necessary for the proper transaction of the division's business."
F. Section 55-5-280 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 55-5-280. All moneys received from licensing of airports, landing fields or air schools, funds appropriated for aviation grants, the tax on aviation gasoline, and fees for other licenses issued under this chapter shall must be paid into the State Treasury and credited to the fund known as the 'State Aviation Fund'." /
Renumber sections to conform.
Amend title to conform.
Senator RYBERG explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments.
H. 4070 (Word version) -- Rep. Witherspoon: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 48-1-87 SO AS TO ENACT THE "AQUATIC LIFE PROTECTION ACT" TO REQUIRE THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO IMPOSE NPDES PERMIT LIMITATIONS FOR TOXICITY IF A DISCHARGE HAS THE REASONABLE POTENTIAL TO IMPACT WATER QUALITY UNDER CERTAIN CONDITIONS AND TO FURTHER DIRECT THE DEPARTMENT IN TESTING AND DEVELOPING METHODOLOGIES TO IMPLEMENT THIS REQUIREMENT.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Agriculture and Natural Resources.
The Committee on Agriculture and Natural Resources proposed the following amendment (NBD\12608AC04), which was adopted:
Amend the bill, as and if amended, by adding appropriately numbered SECTIONS to read:
/SECTION __. If at any time after the effective date of this act, the United State Environmental Protection Agency publishes a Notice of Intent in the Federal Register to commence withdrawal of the South Carolina NPDES program as a direct result of this act, the application and enforcement of this act is suspended.
SECTION __. Five years from the effective date of this act, the South Carolina Department of Health and Environmental Control and any interested parties shall submit a report to the General Assembly including a review of this act and a determination as to whether repeal of the act would be appropriate./
Renumber sections to conform.
Amend title to conform.
Senator WALDREP explained the committee amendment.
The committee amendment was adopted.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments.
H. 5044 (Word version) -- Reps. McGee, Quinn and Toole: A BILL TO AMEND CHAPTER 6 OF TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 8 SO AS TO ESTABLISH THE PHARMACY AND THERAPEUTICS COMMITTEE WITHIN THE DEPARTMENT OF HEALTH AND HUMAN SERVICES, TO PROVIDE FOR THE MEMBERSHIP, ORGANIZATION, AND DUTIES OF THE COMMITTEE, AND TO PROVIDE THAT THE DEPARTMENT OF HEALTH AND HUMAN SERVICES SHALL ADHERE TO CERTAIN PROVISIONS WHEN IMPLEMENTING THE PREFERRED DRUG LIST.
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
Senators PEELER, MOORE, HAYES, SHORT and RITCHIE proposed the following amendment (NBD\12612AC04), which was adopted:
Amend the bill, as and if amended, page 1, before line 25 by inserting:
Act Citation
SECTION 1. This act may be cited as the "Health and Human Services and Accountability Act of 2004".
Pharmacy and Therapeutics Committee/
Amend the bill, further, by deleting SECTION 2 of the bill and inserting:
Medicaid Initiatives
SECTION 1. Chapter 2, Title 12 of the 1976 Code is amended by adding:
"Section 12-2-100. By July 1, 2006, the Department of Revenue shall implement electronic interface between information systems to enable the Department of Health and Human Services to electronically obtain income and related financial information of residents of the State from the department for the purpose of assisting the Department of Health and Human Services in making eligibility determinations of persons applying for Medicaid coverage."
SECTION 2. Chapter 6, Title 44 of the 1976 Code is amended by adding:
"Section 44-6-110. The department shall report to the House Ways and Means Committee, the Senate Finance Committee, the House Medical, Military, Public and Municipal Affairs Committee, and the Senate Medical Affairs Committee the following:
(1) prospectively, any changes to the Medicaid state plan;
(2) by January 31 of each year, a listing of all co-payments required of Medicaid recipients and the number of recipients and providers impacted by each."
SECTION 3. Article 1, Chapter 71, Title 38 of the 1976 Code is amended by adding:
"Section 38-71-270. An insurer, including a health maintenance organization, providing health insurance to residents of this State shall submit the names and other identifying information of its insureds to the Department of Insurance in the manner and time prescribed by the department. The department shall submit this information to the
SECTION 4. A. This section may be cited as the "South Carolina Medicaid Managed Care Pilot Program".
B. Article 1, Chapter 6, Title 44 of the 1976 Code is amended by adding:
"Section 44-6-130. (A) The department shall develop pilot programs to implement managed and coordinated patient care within the Medicaid program. Each pilot must provide a medical home for Medicaid recipients that will promote continuity of care, emphasize prevention and self-management to improve quality of life, supply evidence-based information and resources to support optimal health management, improve healthcare outcomes, increase access to care, and reduce overall program costs. Each pilot program must consist of one or both of the following:
(1) managed health care programs employing managed care organizations reimbursed with capitated payments;
(2) primary care case management programs where a primary care provider is responsible for approving and monitoring the care of enrolled beneficiaries and reimbursement is based on a fee-for-service or capitated basis, or both.
(B) Each pilot program must operate for a period of three years. If any pilot program fails to demonstrate budget neutrality, the department may end that pilot program prior to the end of the three-year period.
(C) By June 30, 2006, enrollment in the pilot programs must target a total of at least thirty percent of the total statewide Temporary Assistance to Needy Families, Supplemental Omnibus Budget Reconciliation Act, and Supplemental Security Income Medicaid eligibles. By June 30, 2007, enrollment in the pilot programs must target a total of at least forty percent of the same population. By June 30, 2008, enrollment in the pilot programs must target a total of at least fifty percent of the same population.
(D) Eligibiles must be given ninety days from their initial Medicaid eligibility determination to elect to participate in one of the pilot programs or in the existing fee-for-service program. If participation in either of the pilot programs is elected, this election must be for a period of not less than one year, subject to all applicable federal laws and regulations. The department may retain an independent enrollment broker or employ such other measures as may be necessary including,
(E) Beginning January 31, 2006, and by January 31 of each year thereafter, the department shall submit to the Governor, the Lieutenant Governor, the House Ways and Means Committee, the Senate Finance Committee, the House Medical, Military, Public and Municipal Affairs Committee, and the Senate Medical Affairs Committee an annual evaluation of each pilot program. Each evaluation must include, but is not limited to, the following:
(1) financial and medical outcomes of each pilot program;
(2) individual and collective pilot program enrollment totals relative to established targets and explanations of any existing or potential barriers to future targets; and
(3) the overall effectiveness of each pilot program in managing appropriate emergency room utilization, inpatient hospital admissions, and pharmaceutical utilization while increasing the use of preventive care measures, provider satisfaction, and patient satisfaction.
The department may employ the services of a quality review organization to assist in the evaluation process.
(F) Each pilot program is subject to all applicable federal laws and regulations.
(G) To ensure competition, accountability, and the actuarial soundness of each pilot program, the department shall use an independent third-party actuary to develop objective actuarial standards and rates. Updates to rates must be based on actuarially sound business methods and available funding.
(H) The department shall expeditiously apply for any federal waivers or approvals necessary to implement the pilot programs. If necessary, all implementation and target dates may be delayed to coincide with the effective date of these waivers.
(I) The department may establish contractual agreements for pilot service providers and may terminate any pilot program, or component of a pilot program, for contractual non-compliance or practices that adversely and dangerously impact patient care.
(J) Nothing in this section must be construed to limit existing Medicaid programs or to limit the department from establishing other initiatives it considers necessary, in addition to the pilot program, in its administration of the Medicaid program."
C. This section takes effect June 30, 2005.
SECTION 5. Article 1, Chapter 6, Title 44 of the 1976 Code is amended by adding:
"Section 44-6-120. (A) The department shall explore contracting for external administration of the Medicaid eligibility redetermination process, and if determined to be feasible, upon implementation, the privatized process must be evaluated annually to ensure compliance with all federal and state eligibility determination criteria. If an annual evaluation reveals that the privatized process does not improve efficiency or accuracy in processing Medicaid eligibility redeterminations, the department shall cancel the contract and resume internal processing of Medicaid eligibility redeterminations.
(B) The department shall develop eligibility determination criteria and processes that:
(1) provide for face-to-face initial and continued eligibility determinations when feasible and cost-effective;
(2) prevent the routine initiation of coverage for all recipients except pregnant women until verification of all required eligibility data is complete;
(3) apply the same standards to eligibility redetermination as applied to the initial eligibility determination process;
(4) require verification of all unearned income;
(5) require documented proof of citizenship or legal alien status;
(6) require applicants' parents, the responsible party, or persons holding a power of attorney for the applicant to sign the application, thereby attesting to the accuracy of the information provided and granting the consent of the applicant for an eligibility search; and
(7) in accordance with applicable federal laws and regulations, provide for the termination of recipients who have provided false information.
(C) The department shall require affirmative proof of current income and other eligibility criteria when determining whether a Medicaid recipient is eligible for continued coverage. These reviews must be conducted annually for all income-eligible recipients, provided that such reviews are conducted quarterly for all income-eligible recipients who report that they earn no income.
(D) The department shall require that all files pertaining to Medicaid eligibility of any agency employee or member of their immediate family be transferred to a central location for processing. The department must not allow an agency employee to participate in processing eligibility determinations for themselves or their immediate family members.
(E) The department shall conduct regular, random, unannounced audits of eligibility files for completeness and accuracy. These audits
(F) The department shall explore the following eligibility accuracy and efficiency initiatives:
(1) reducing and streamlining the number of eligibility categories;
(2) developing a comprehensive eligibility staff training program that must include statewide and on-site training sessions and web-based training and policy dissemination tools;
(3) piloting online income and asset verification; and
(4) expanding the number of out-stationed sponsored Medicaid workers.
(G) Notwithstanding any other provision of law and except as provided below, any promissory note received after July 1, 2004, by a Medicaid applicant or recipient or the spouse of a Medicaid applicant or recipient in exchange for assets, which if retained by the applicant or recipient or his spouse would cause the applicant or recipient to be ineligible for Medicaid benefits are, for Medicaid eligibility purposes, deemed to be fully negotiable under the laws of this State unless the promissory note contains language plainly stating that it is not transferable under any circumstances. To be considered valid for Medicaid eligibility determination purposes, a promissory note must be actuarially sound, require monthly installments that fully amortize it over the life of the loan, and be free of any conditional or self-canceling clauses."
SECTION 6. There is established a "Task Force on Emergency Room Diversion" to be led by the Department of Health and Environmental Control to develop a plan for community service alternatives, or contract alternatives or both, for persons who currently use emergency rooms inappropriately.
The task force shall submit a plan and budget to reduce inappropriate utilization of the emergency room and to provide more appropriate services. Membership must include, but is not limited to, representatives of the following organizations: South Carolina Medical Association, the South Carolina Academy of Family Physicians, the South Carolina Hospital Association, the Emergency Medical Services Association, the South Carolina Sheriff's Association, Partners in Crisis, the Probate Court Judges Association, and the South Carolina Psychiatric Association. A report and budget must be submitted to the Senate Finance Committee, the Senate Medical Affairs Committee, the
SECTION 7. Article 1, Chapter 6, Title 44 of the 1976 Code is amended by adding:
"Section 44-6-140. (A) There is created within the department the South Carolina Medicaid Incentives for Suggesting Expense Reductions program to be known as SC MISER. The department is authorized to establish such regulations as may be necessary for administration of SC MISER.
(B) SC MISER must be offered to Medicaid Providers and their employees and must feature a monetary award for suggesting a measure that successfully results in saving the Medicaid program money.
(C) SC MISER suggestions may be made through a form available on the department's website, mailed with provider remittances, or mailed upon request from the department's Public Information Office. Within thirty days of receipt, SC MISER suggestions must be reviewed for merit by department program, fiscal, legal, and program integrity staff. SC MISER suggestions determined to be with merit must be presented to the department director for implementation authorization.
(D) Twelve months after implementation, the department shall evaluate the savings generated and award the individual who made the suggestions an amount equal to ten percent of the state savings generated, up to five hundred dollars, during that period. Awards must be funded from third party liability collections only and must not exceed twenty thousand dollars annually."
Seniors Forum
SECTION 1. Chapter 21, Title 43 of the 1976 Code is amended by adding:
"Section 43-21-15. (A) There is created the Office on Aging in the Lieutenant Governor's Office that must be supported by a Seniors Forum consisting of sixteen voting members as follows:
(1) four Council on Aging Directors must be appointed by the Governor upon the recommendation of the South Carolina Association of Council on Aging Directors;
(2) two members must be appointed by the Governor to represent other local senior services providers;
(3) two members must be appointed by the Governor upon the recommendation of South Carolina Association of Area Agencies on Aging, to represent area Agencies on Aging or their federally mandated advisory councils;
(4) two members must be appointed by the Governor upon the recommendation of the South Carolina Silver Haired Legislature, Inc.;
(5) two members must be appointed by the Governor upon the recommendation of the American Association of Retired Persons (AARP);
(6) two members must be appointed by the Speaker of the House of Representatives; one must be a member of the House of Representatives and one must be a consumer of senior services;
(7) two members must be appointed by the President Pro Tempore of the Senate; one must be a member of the Senate and one must be a consumer of senior services.
All members shall serve terms of four years, except that the members listed in subsections (1), (2), and (3) shall serve an initial term of two years. A vacancy must be filled in the same manner as the original appointment for the remainder of the unexpired term. A chairperson must be elected by the members of the forum for a term of two years and shall serve until a successor is elected. Members of the forum shall serve without compensation and may not receive mileage, per diem, or subsistence. The Office on Aging shall provide staff for the forum. The Office on Aging must submit an annual draft plan of action for the upcoming fiscal year to the Senior's Forum by December 15 of each year.
(B) The forum shall:
(1) meet at least once each quarter and additional meetings may be called at the discretion of the chair. Rules and procedures must be adopted by the forum for the governance of its operations and activities;
(2) make recommendations regarding:
(a) the respective responsibilities and appropriate roles of state, regional, and local entities;
(b) the delivery of services to senior South Carolinians;
(c) what services should be made available to eligible seniors; and
(d) the allocation of funds to ensure maximum delivery of services to those seniors who are recipients of services;
(3) sponsor public forums during the year before the Office on Aging's state plan is due for submission to the Administration on Aging.
(4) respond to the annual draft plan submitted to the forum by the Office on Aging by January 31 of the following year with its comments and recommendations.
(C) Taking into consideration recommendations developed by the Seniors Forum in accordance with this chapter, the Office on Aging shall develop, in accordance with all applicable federal laws and regulations, a service delivery plan for seniors in this State and in developing and implementing this plan, shall maximize the use of state and federal funds for direct service delivery. The office shall review and revise this service delivery plan annually and shall submit a draft plan to the Seniors Forum annually before December 15 and shall submit a final revised plan to the Governor, the Senate Finance Committee, the Senate Medical Affairs Committee, the House Ways and Means Committee, the House Medical, Military, Public and Municipal Affairs Committee, and the Seniors Forum by March 1 of each year."
SECTION 2. Section 43-21-140 of the 1976 Code is amended to read:
"Section 43-21-140. The council has no authority to direct or require any implementing action from any member agency. The council Seniors Forum shall identify future policy issues in long-term care and may conduct research and demonstration activities related to these issues. Through close coordination of each member agency's planning efforts, the council The forum shall develop recommendations for a statewide service delivery system for all health-impaired elderly or disabled persons, regardless of the persons' resources or source of payment. These recommendations must be updated annually as needed and submitted to the Office on Aging, the Senate Medical Affairs Committee, the Senate Finance Committee, the House Ways and Means Committee, the House Medical, Military, Public and Municipal Affairs Committee, and to the Director of the Department of Health and Human Service. The service delivery system must provide for:
(1) charges based on ability to pay for persons not eligible for Medicaid;
(2) coordination of community services;
(3) access to and receipt of an appropriate mix of long-term care services for all health impaired elderly or disabled persons;
(4) case management; and
(5) discharge planning and services.
The council, through its member agencies, forum shall study and make recommendations to the Office on Aging concerning the costs and benefits of: adult day care centers, in-home and institutional respite care, adult foster homes, incentives for families to provide in-home care, such as cash assistance, tax credits or deductions, and home-delivered services to aid families caring for chronically-impaired elderly relatives, and preventive health incentives for all elderly citizens."
SECTION 3. Members must be appointed to the Seniors Forum, established pursuant to Section 1 of this Part, before December 8, 2004, and the first meeting of the Seniors Forum must be called by the Director of the Office on Aging in the Lieutenant Governor's Office before January 10, 2005.
SECTION 4. Sections 43-21-10, 43-21-20, 43-21-120, and 43-21-130 of the 1976 Code are repealed.
Prevention of Youth Access to Tobacco
SECTION 1. This part may be cited as the "Youth Access to Tobacco Prevention Act of 2004".
SECTION 2. Section 16-17-500 of the 1976 Code, as last amended by Act 445 of 1996, is amended to read:
"Section 16-17-500. (A) It shall be is unlawful for any a person to sell, furnish, give, distribute, purchase for, or provide any a minor under the age of eighteen years with cigarettes, tobacco, cigarette paper, or any substitute therefore a tobacco product. Any person violating the provisions of this section, either in person, by agent or in any other way, shall be guilty of a misdemeanor and, upon indictment and conviction, therefor shall be punished as follows:
(1) for a first offense by a fine not exceeding twenty-five dollars;
(2) for a second offense, by a fine not exceeding fifty dollars; and
(3) for a third or subsequent offense, by a fine of not less than one hundred dollars or imprisonment for not more than one year nor less than sixty days, or both.
One-half of any fine imposed shall be paid to the informer of the offense and the other half to the treasurer of the county in which such conviction shall be had.
(B) It is unlawful for a person to sell a tobacco product to an individual who does not present upon demand proper proof of age.
(C) A retail distributor of tobacco products must train its retail sales employees regarding the provisions contained in this section. In lieu of the penalties contained in subsection (F), a retail establishment that fails to comply with this provision must be fined not more than one thousand dollars. A retail establishment that provides proof that it has complied with the provisions contained in this section is not subject to this penalty.
(D) It is unlawful for an individual less than eighteen years of age to purchase, accept receipt, attempt to purchase, or attempt to accept receipt of a tobacco product, or present or offer to a person proof of age which is false or fraudulent for the purpose of purchasing or possessing a tobacco product. However, a person less than eighteen years of age may be enlisted by local law enforcement agencies to test a community's compliance with this section and to reduce the extent to which tobacco products are sold or distributed to individuals less than eighteen years of age when the testing is under the direct supervision of the law enforcement agency and with the individual's parental consent. In addition, a person less than eighteen years of age may be enlisted by the Office of Alcohol and Other Drug Abuse Services, or a county alcohol and drug abuse authority to test an outlet's compliance with this section, with the permission of the individual's parent or guardian, to collect data for the federally mandated Youth Access to Tobacco Study.
(E) It is unlawful for an individual less than eighteen years of age to possess a tobacco product. This subsection does not apply to the possession of tobacco products by an individual less than eighteen years of age who delivers tobacco products pursuant to his employment responsibilities.
(F) Tobacco products may be accessible only in vending machines located in an establishment:
(1) which is open only to persons who are eighteen years of age or older; or
(2) where the vending machine is under continuous control by the owner or licensee of the premises, or an employee of the owner or licensee, can be operated only upon activation by the owner, licensee, or employee before each purchase, and is not accessible to the public when the establishment is closed. The owner, licensee, or employee must demand proof of age from a prospective purchaser if he has reasonable grounds to believe the prospective purchaser is less than twenty-seven years of age. Proof that an owner, licensee, or employee demanded, was shown, and reasonably relied upon an individual's proof of age is a defense to any action brought pursuant to this subsection.
Vending machines which distribute tobacco products in establishments must meet the requirements of this section within one hundred-twenty days after the effective date of this section or must be removed.
(G) A person or individual that intentionally or knowingly violates a provision contained in this section either in person, by agent, or in any other way, is guilty of a misdemeanor and, upon conviction, must be punished as follows:
(1) for a first offense, by a fine not less than one hundred dollars;
(2) for a second offense, which occurs within three years of the first offense, by a fine not less than two hundred dollars; and
(3) for a third or subsequent offense, which occurs within three years of the first offense, by a fine not less than three hundred dollars.
All fines must be placed in the state general fund and distributed in the following manner:
(a) one-half must be distributed to the treasurer of the county in which the conviction occurred; and
(b) one-half must be distributed to the county alcohol and drug abuse commission and used for funding youth smoking prevention programs. A violation of this subsection is triable exclusively in either municipal or magistrate court.
A violation of this section is triable exclusively in either municipal or magistrate court.
(H) In lieu of the penalties contained in subsection (G), a court may require an individual who is less than eighteen years of age who illegally purchases or possesses a tobacco product to perform not less than twenty hours of community service for a first offense and not less
(I) As used in this section 'person' means an individual. 'Person' does not mean a firm, partnership, corporation, company, association, club, or commercial entity the person is associated with.
(J) Notwithstanding any other provision of law, a violation of this section does not violate an establishment's beer and wine permit and is not a ground for revocation or suspension of a beer and wine permit.
(K) A person who is less than eighteen years of age who is convicted of violating a provision of this section may have his record expunged after his eighteenth birthday if he has paid any fine imposed upon him and successfully completed any court-ordered community service."
SECTION 3. Section 16-17-501 of the 1976 Code, as added by Act 445 of 1996, is amended to read:
"Section 16-17-501. As used in this section and Sections 16-17-500, 16-17-502, 16-17-503, and 16-17-504:
(1) 'Distribute' means to sell, furnish, give, or provide tobacco products, including tobacco product samples, cigarette paper, or a substitute for them, to the ultimate consumer.
(2) 'Proof of age' means a driver's license or other documentary or written evidence that the individual is eighteen years of age or older identification card issued by this state, or a United States Armed Services identification card.
(3) 'Sample' means a tobacco product distributed to members of the general public at no cost for the purpose of promoting the products.
(4) 'Sampling' means the distribution of samples to members of the general public in a public place.
(5) 'Tobacco product' means a product that contains tobacco and is intended for human consumption."
Severability and Savings
SECTION 1. (A) If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs,
(B) The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
Repeals
SECTION 1. Joint of Resolution 370 of 2002 is repealed. Sections 43-21-10, 43-21-20, 43-21-120, and 43-21-130 of the 1976 Code are repealed.
Time Effective
SECTION 1. Except as otherwise provided for, this act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Senator PEELER explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments.
H. 4734 (Word version) -- Reps. Howard, Cobb-Hunter, Gourdine, Jennings, Lee, J.H. Neal, Weeks, Ott, Lourie, Kennedy, Harvin, Coleman and Whipper: A BILL TO AMEND SECTIONS 2-19-10, 2-19-20, 2-19-35, 2-19-70, AND 2-19-80, ALL AS AMENDED, AND SECTION 2-19-90, CODE OF LAWS OF SOUTH CAROLINA, 1976,
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
Senators McCONNELL, MOORE, FORD, GLOVER, MARTIN and RICHARDSON proposed the following amendment (JUD4734.007), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/ SECTION 1. Section 2-19-10(A) of the 1976 Code, as last amended by Act 391 of 1996, is further amended to read:
"(A) Whenever When an election is to be held by the General Assembly in Joint Session, for members of the judiciary, a Judicial Merit Selection Commission, composed of ten members, shall must be appointed, in the manner prescribed by this section, to consider the qualifications and fitness of the candidates. The Judicial Merit Selection Commission shall meet at least once annually and at other times as may be designated by the chairman. The commission, at its first meeting and then annually, shall elect a chairman and a vice chairman who shall serve for a term of one year and until their successors are elected and qualified, and adopt rules necessary to the purposes of the commission. These rules shall address, among other things:
(1) the confidentiality of records and other information received concerning candidates for judicial office;
(2) the conduct of proceedings before the commission;
(3) receipt of public statements in support of or in opposition to any of the candidates;
(4) procedures to review the qualifications and fitness of retired judges for continued judicial service;
(5) contacting incumbent judges regarding their desire to seek re-election;
(6) prohibition against candidates communicating with individual members of the commission concerning the qualifications and fitness of candidates unless specifically authorized by the commission.
A member may succeed himself as chairman or vice chairman. Six members of the commission constitute a quorum at all meetings."
SECTION 2. Section 2-19-20 of the 1976 Code, as last amended by Act 32 of 1999, is further amended to read:
"Section 2-19-20. (A) It is the responsibility of the Judicial Merit Selection Commission to determine when judicial vacancies are to will occur in the administrative law judge division court and on the family court, circuit court, court of appeals, or Supreme Court and to expeditiously investigate in advance the qualifications and fitness of those who seek nomination judicial office. For purposes of this chapter, a vacancy is created in the administrative law judge division court or on the family court, circuit court, court of appeals, or Supreme Court when any of the following occurs:
(1) a term expires;
(2) a new judicial position is created; or
(3) a judge can no longer serve due to resignation, retirement, disciplinary action, disability, or death.
(B) The commission, upon receiving notice of a judicial vacancy, ascertaining that a judicial vacancy shall will occur, or receiving the decision of an incumbent judge regarding his seeking re-election, shall notify the Supreme Court of the vacancy for publication in the advance sheets provided by the Clerk of the Supreme Court at least thirty days prior to closing applications for the vacancy. The commission also shall, if practicable, also notify the South Carolina Bar, if practicable, other professional legal organizations it considers appropriate, and each newspaper of this State with daily circulation of the vacancy at least thirty days prior to closing applications for the vacancy. This notice must include, but not be limited to, the judicial office in which the vacancy occurs, the address to which, and the date by which interested candidates may apply.
(C) The Judicial Merit Selection Commission shall announce and publicize vacancies and forthcoming vacancies in the administrative law judge division court, on the family court, circuit court, court of appeals, and Supreme Court. A person who desires to be considered for nomination as justice or judge may make application to the commission. No person may concurrently seek more than one judicial vacancy. The commission shall announce the names of those persons who have applied.
(D) Any person wishing to seek a judicial office, which is elected by the General Assembly, shall file a notice of intention to seek the office with the Judicial Merit Selection Commission. Upon receipt of the
SECTION 3. Section 2-19-25 of the 1976 Code, as added by Act 391 of 1996, is amended to read:
"Section 2-19-25. The Judicial Merit Selection Commission is authorized to investigate and obtain information relative to any candidate for an administrative law judgeship or a court, family court, circuit court, court of appeals, or Supreme Court judgeship from any state agency or other group including, but not limited to, court administration and any law enforcement agency, to the extent permitted by law. The chairman of the commission shall notify the president of the South Carolina Bar of the judgeships to be filled and of the candidates for those judgeships no later than four weeks before the scheduled date for the public hearing. The chairman of the commission shall also shall request the South Carolina Bar to offer the commission an assessment of each candidate's qualifications and fitness for the judgeship sought, and the date by which the assessment must be returned to the commission. This assessment must specify the bar's finding as to whether each candidate is qualified or unqualified and fit or unfit for the judgeship sought and the reasons for that finding. The commission may receive the bar's assessment in that form and at that time it desires but shall attach the assessments to its findings of fact in such a form as that the commission considers appropriate. Failure of the bar to return the assessment by the date requested is not a ground for delaying the applicable hearings or election."
SECTION 4. Section 2-19-30 of the 1976 Code, as last amended by Act 388 of 1998, is further amended to read:
"Section 2-19-30. (A) Upon completion of the investigation, the Chairman of the Judicial Merit Selection Commission shall schedule a public hearing concerning the qualifications and fitness of the candidates. Any person who desires to testify at the hearing, including candidates, shall furnish a written statement of his proposed testimony to the commission. The statements must be furnished no later than forty-eight hours before the date and time set for the hearing. The commission shall determine the persons who shall to testify at the hearing. All testimony, including documents furnished to the commission, must be submitted under oath and persons knowingly
(B) During the course of the investigation, the commission may schedule an executive session at which each candidate, and other persons whom the commission wishes to interview, may be interviewed by the commission on matters pertinent to the candidate's qualification qualifications and fitness for the office to be filled.
(C) A After a reasonable time thereafter, the commission shall render its tentative findings as to whether the candidate is qualified and fit for the office to be filled and its reasons therefor for the findings as to each candidate.
(D) As soon as possible after the completion of the hearing, a verbatim copy of the testimony, documents submitted at the hearing, and findings of fact must be transcribed and published or otherwise made available in a reasonable number of copies to the members of both houses prior to the date of the scheduled election, and a copy thereof shall must be furnished to each candidate and anyone else upon request. A charge for these copies may be made as authorized in the Freedom of Information Act.
(E) A candidate may withdraw at any stage of the proceedings and in this event no further inquiry or consideration of his candidacy shall be made. All materials concerning that candidate including his report, transcript, application, materials, and other information gathered during the commission's investigation must be kept confidential and destroyed as soon as possible after the candidate's written notification to the commission of his withdrawal. The information concerning a withdrawn candidate also shall be is exempt from disclosure pursuant to Chapter 4 of Title 30."
SECTION 5. Section 2-19-35 of the 1976 Code, as last amended by Act 391 of 1996, is further amended to read:
"Section 2-19-35. (A) The responsibility of the Judicial Merit Selection Commission is to investigate and consider the qualifications and fitness of the candidates for judicial office in the administrative law judge division court or on the family court, circuit court, court of appeals, or Supreme Court. Investigations and consideration of the commission should include, but are not limited to, the following areas:
(1) constitutional qualifications;
(2) ethical fitness;
(3) professional and academic ability;
(4) character;
(5) reputation;
(6) physical health;
(7) mental stability;
(8) experience; and
(9) judicial temperament.
(B) In making nominations considering the list of candidates for qualifications and fitness, race, gender, national origin, and other demographic factors should be considered by the commission to ensure nondiscrimination to the greatest extent possible as to all segments of the population of the State."
SECTION 6. Section 2-19-70 of the 1976 Code, as last amended by Act 388 of 1998, is further amended to read:
"Section 2-19-70. (A) No member of the General Assembly may be elected to a judicial office while he is serving in the General Assembly nor shall that person be elected to a judicial office for a period of one year after he either:
(1) ceases to be a member of the General Assembly; or
(2) fails to file for election to the General Assembly in accordance with Section 7-11-15.
(B) The privilege of the floor in either house of the General Assembly may must not be granted to any candidate or any immediate family member of a candidate unless the family member is serving in the General Assembly, during the time the candidate's:
(1) application is pending before the commission and during the time his nomination;
(2) determination of qualifications and fitness by the commission for election to a particular judicial office is pending before the commission; or
(3) election is pending in the General Assembly.
(C)(1) No A candidate for judicial office may or person intending to become a candidate must not:
(a) seek, directly or indirectly, the pledge of a member of the General Assembly's vote; or,
(b) contact, directly or indirectly, contact a member of the General Assembly regarding screening for the judicial office until the qualifications and fitness of all candidates for that office have been determined by the Judicial Merit Selection Commission and the commission has formally released its report as to the qualifications and fitness of all candidates for the vacancy to the General Assembly.
(2) No A member of the General Assembly may must not offer his pledge until:
(a) the qualifications and fitness of all candidates for that office have been determined by the Judicial Merit Selection Commission; and until
(b) the commission has formally released its report as to the qualifications and fitness of its nominees to the General Assembly.
(3) The formal release of the report of qualifications and fitness shall occur no earlier than forty-eight hours after the report of qualified and fit nominees have has been initially released to members of the General Assembly. For purposes of this section, 'indirectly seeking a pledge' means the candidate, or someone acting on behalf of and at the request of the candidate, requesting requests a person to contact a member of the General Assembly on behalf of the candidate before nominations of qualified and fit candidates for that office are formally made by the commission. The prohibitions of this section do not extend to an announcement of candidacy by the candidate and statements by the candidate detailing the candidate's qualifications and fitness.
(D) No member of the General Assembly may trade anything of value, including pledges to vote for legislation or for other candidates, in exchange for another member's pledge to vote for a candidate for judicial office.
(E) Violations of this section may must be considered by the merit selection commission when it considers the candidate's qualifications and fitness. Violations of this section by members of the General Assembly shall must be reported by the commission to the House or Senate Ethics Committee, as may be applicable. Violations of this section by nonlegislative commission members shall must be reported by the commission to the State Ethics Commission. A violation of this section is a misdemeanor and, upon conviction, the violator must be fined not more than one thousand dollars or imprisoned not more than ninety days. Cases tried under this section may must not be transferred from general sessions court pursuant to notwithstanding the provisions of Section 22-3-545."
SECTION 7. Section 2-19-80 of the 1976 Code, as last amended by Act 49 of 2001, is further amended to read:
"Section 2-19-80. (A) The commission shall make nominations to the General Assembly of candidates and their qualifications for election to the Supreme Court, court of appeals, circuit court, family court, and the administrative law judge division. It shall review the qualifications of all applicants for a judicial office and select therefrom and submit to the General Assembly the names and qualifications of the three
(B) The nominations of the commission for any judgeship are binding on the General Assembly, and it shall not elect a person not nominated by the commission. Nothing shall prevent the General Assembly from rejecting all persons nominated. In this event, the commission shall submit another group of names and qualifications for that position. Further nominations in the manner required by this chapter must be made until the office is filled.
(C)(1) If the commission does not find the incumbent justice or judge qualified for the judicial office held and sought, his name shall not be submitted to the General Assembly for re-election and upon expiration of his then current term of office, he shall cease serving in that judicial position.
(2) If the commission finds an incumbent judge not qualified for the office sought, or if an incumbent judge dies, withdraws, or becomes otherwise disqualified for the office sought between the time he makes application for the office and the date of the election therefor, the election for the office may not be held at that scheduled time, and the commission shall proceed in accordance with the provisions of this chapter to make other nominations for the office as though a new vacancy without an incumbent exists in that office, including reopening the application process with all required notices. Nothing prevents the commission from including in its new nominations the names and qualifications of persons other than the incumbent judge it included in its previous nominations.
(D) The commission shall accompany its nominations to the General Assembly with reports or recommendations as to the qualifications of particular candidates.
(E) A period of at least two weeks must elapse between the date of the commission's nominations to the General Assembly and the date the General Assembly conducts the election for these judgeships.
(A)(1) The commission shall make nominations and reports of judicial candidates for election to the Supreme Court, court of appeals, circuit court, family court, and the administrative law court, only as
(2) Prior to making nominations, the commission shall review the qualifications and fitness of all applicants for a judicial office and select therefrom and submit to the General Assembly the names of no more than three candidates, except as provided in item (3).
(3) In the event that the commission finds by a vote of two-thirds of the members present and voting that nominating only three candidates would deprive the General Assembly of the opportunity to consider for election a candidate or candidates whose qualifications and fitness are of substantially the same level as those three qualified and fit candidates receiving the highest number of votes for nomination, the commission may nominate additional candidates meeting these criteria not to exceed the total of six nominations.
(4) If fewer than three persons apply to fill a vacancy or if the commission concludes there are fewer than three candidates qualified and fit for a vacancy, the commission shall submit to the General Assembly:
(a) only the names found to be qualified and fit for nomination;
(b) the report of those candidates who are considered to be qualified and fit; and
(c) a written explanation for submitting fewer than three names.
(5) Any vote by the commission concerning the qualifications, fitness, and nomination of the candidates must be in open session with each member's vote recorded separately.
(B) The nominations of the commission for any judgeship are binding on the General Assembly, and the General Assembly shall not elect a person not nominated by the commission. Nothing shall prevent the General Assembly from rejecting all persons nominated. In this event, the commission shall submit another report of qualifications and fitness of candidates for that position. Further nominations in the manner required by this chapter must be made until the office is filled.
(C)(1) If the commission does not find the incumbent justice or judge qualified and fit for the judicial office held and sought, the incumbant's name shall not be submitted to the General Assembly for re-election and upon expiration of his then current term of office, he shall cease serving in that judicial position.
(2) If the commission finds an incumbent judge not qualified or not fit for the office sought, or if an incumbent judge dies, withdraws,
(D) The commission shall accompany its nominations to the General Assembly with reports or recommendations as to the qualifications and fitness of particular candidates.
(E) A period of at least two weeks must elapse between the date of the commission's release of the report of qualifications and fitness of candidates to the General Assembly and the date the General Assembly conducts the election for these judgeships."
SECTION 8. Section 2-19-90 of the 1976 Code, as added by Act 391 of 1996, is amended to read:
"Section 2-19-90. The General Assembly shall meet in joint session for the election of judges. The date and time for the joint session shall be set by concurrent resolution upon the recommendation of the Judicial Merit Selection Commission. The Chairman of the Judicial Merit Selection Commission shall announce the commission's nominees for each judicial race, and no further nominating or seconding speeches shall be are allowed by members of the General Assembly. In order to be elected, a candidate must receive a majority of the vote of the members of the General Assembly voting in joint session."
SECTION 9. Section 2-19-100, as last amended by Act 35 of 1997, is further amended to read:
"Section 2-19-100. In order to be eligible for appointment by the Chief Justice to serve, any retired justice or judge of this State must have been reviewed by the Judicial Merit Selection Commission under procedures it shall establish to review retired judges' qualifications and fitness for continued judicial service and be found by the commission to be qualified and fit to serve in these situations within four years of the date of his appointment to serve, except that if a justice or judge retired before the expiration of his then current term, no further review of that justice or judge is required until that term would have expired."
SECTION 10. Section 2-19-110, as last amended by Act 35 of 1997, is further amended to read:
"Section 2-19-110. Upon a vacancy in the office of master-in-equity, candidates therefor for the office shall submit an application to the Judicial Merit Selection Commission. Upon completion of reports and recommendations, the commission shall submit such reports and recommendations on master-in-equity candidates to the appropriate county legislative delegations. The county legislative delegations shall then shall submit the name of a candidate to the Governor for consideration for appointment. Nothing shall prevent the Governor from rejecting the person nominated by the delegation. In this event, the delegation shall submit another name for consideration. No person found not qualified or not fit by the commission may be appointed to the office of master-in-equity. For purposes of this section, a vacancy is created in the office of the master-in-equity when any of the following occurs: a term expires, a new judicial position is created, or a judge no longer can serve due to resignation, retirement, disciplinary action, disability, or death. The Judicial Merit Selection Commission may begin screening prior to the actual date of the vacancy in the case of an expiration of term, resignation, or retirement pursuant to written notice thereof."
SECTION 11. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION 12. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Senator MOORE explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments.
H. 4132 (Word version) -- Reps. Sheheen, Cotty and Coleman: A BILL TO AMEND CHAPTER 27, TITLE 49, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE LAKE WYLIE MARINE COMMISSION, SO AS TO DESIGNATE SECTIONS 49-27-10 THROUGH 49-27-90 AS ARTICLE 1, AND BY ADDING ARTICLE 3 SO AS TO ESTABLISH THE LAKE WATEREE MARINE COMMISSION AND PROVIDE FOR ITS JURISDICTION, POWERS, DUTIES, AND RESPONSIBILITIES; AND TO AMEND SECTION 50-3-420, AS AMENDED, RELATING TO IMMUNITY FROM PROSECUTION, SO AS TO PROVIDE FOR IMMUNITY FOR AN OFFICER OF THE LAKE WATEREE MARINE COMMISSION FOR CERTAIN ACTIONS WHEN ACTING IN HIS OFFICIAL CAPACITY WITHIN HIS TERRITORIAL JURISDICTION.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Fish, Game and Forestry.
The Fish, Game and Forestry Committee proposed the following amendment (DKA\3957MM04), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Sections 49-27-10 through 49-27-90, Chapter 27, Title 49 of the 1976 Code are designated Article 1 of Chapter 27, Title 49 and entitled "Lake Wylie Marine Commission".
SECTION 2. Chapter 27, Title 49 of the 1976 Code is further amended by adding:
Lake Wateree Marine Commission
Section 49-27-510. For purposes of this chapter:
(1) 'Board' means at least two of the county councils of Fairfield, Kershaw, and Lancaster Counties, South Carolina.
(2) 'Commission' means the Lake Wateree Marine Commission or its governing board.
(3) 'Commissioner' means a member of the governing board of the Lake Wateree Marine Commission.
(4) 'Three counties' means Fairfield, Kershaw, and Lancaster Counties, South Carolina.
(5) 'Joint ordinance' means an ordinance substantially identical in content adopted separately by the board in at least two of the three counties.
(6) 'Lake Wateree' means the impounded body of water in the three counties extending from the Wateree Dam upstream to the Cedar Creek and Rock Creek Dam and is encompassed by approximately two hundred forty-two miles of shoreline and having a surface area of approximately thirteen thousand seven hundred ten acres.
(7) 'Department' means the South Carolina Department of Natural Resources.
Section 49-27-520. At least two of the three counties may by joint ordinance create the Lake Wateree Marine Commission. A county not participating in the commission retains its original territorial jurisdiction. Upon its creation, the commission has the powers, duties, and responsibilities conferred upon it by joint ordinance subject to the laws of the State of South Carolina. The provisions of a joint ordinance may be modified, amended, or rescinded by a later joint ordinance. A county may withdraw unilaterally from participation as required by a joint ordinance or the provisions of this article once the commission is created. A county, by ordinance, may withdraw unilaterally from the commission at the end of a budget period upon ninety days' prior written notice. If commission participation falls below two counties, the commission is dissolved and all property of the commission must be distributed to or divided among the participating counties and other public agency or agencies serving the Lake Wateree area. Distribution must be in a manner considered equitable by the commission and pursuant to a resolution adopted before the dissolution.
Section 49-27-530. Upon its creation, the commission's governing board must consist of two members from each participating county appointed by the governing body of that county, plus one additional member to be appointed from the county first enacting the joint ordinance. Appointment of that additional member must rotate among the participating counties after each term in a sequence corresponding to the order in which the counties enacted the ordinances. Members serve for terms of four years and until their successors are appointed and qualify, except that for the commission's initial appointments, each participating county's governing body must designate one of its
Section 49-27-540. The commission is governed by budgetary and accounting procedures as may be specified by the joint ordinance.
Section 49-27-550. Upon creation of the commission, its governing board shall meet at a time and place agreed upon by the councils of the participating counties. The commissioners shall elect a chairman and other officers they consider necessary to carry out the purposes of this article. All officers serve one-year terms. The governing board shall adopt regulations as it considers necessary, not inconsistent with the provisions of this article or of a joint ordinance or the laws of this State, for the proper discharge of its duties and for the governance of the commission. A quorum must be present to conduct business. The chairman may adopt committees authorized by the regulations. The commission shall meet regularly at times and places specified in its regulations or in a joint ordinance, except that meetings of the commission must be held in all participating counties on a rotating basis so that an equal number of meetings are held in each county. Special meetings may be called as specified in the regulations. The provisions of Chapter 4, Title 30 of the 1976 Code apply to all commission meetings.
Section 49-27-560. (A) Within the limits of funds available to it and subject to the provisions of this chapter and of a joint ordinance, the commission may:
(1) hire and fix the compensation of permanent and temporary employees and staff as it considers necessary in carrying out its duties;
(2) contract with consultants for services it requires;
(3) contract with the State of South Carolina, or the federal government, or any agency, department, or subdivision of them for property or services provided to or by these agencies and carry out the provisions of these contracts;
(4) contract with persons, firms, and corporations generally as to all matters over which it has a proper concern and carry out the provisions of contracts;
(5) lease, rent, purchase, or otherwise obtain suitable quarters and office space for its employees and staff, and lease, rent, purchase, or otherwise obtain furniture, fixtures, vessels, vehicles, firearms, uniforms, and other supplies and equipment necessary or desirable for
(6) lease, rent, purchase, construct, otherwise obtain, maintain, operate, repair, and replace, either on its own or in cooperation with other public or private agencies or individuals, any of the following: boat docks, navigation aids, waterway markers, public information signs and notices, and other items of real and personal property designed to enhance public safety in Lake Wateree and its shoreline area, or protection of property in the shoreline area subject, however, to the provisions of Title 50 of the 1976 Code or regulations promulgated under that title.
(B) The commission may accept, receive, and disburse in furtherance of its functions funds, grants, services, or property made available by the federal government or its agencies or subdivisions, the State of South Carolina or its agencies or subdivisions, or by private and civic sources.
(C) The governing bodies of the participating counties may appropriate funds to the commission out of surplus funds or funds derived from nontax sources in an amount that each participating considers appropriate.
(D) The commission is subject to audit requirements specified in a joint ordinance.
Section 49-27-570. (A) A copy of the joint ordinance creating the commission and of a joint ordinance amending or repealing the joint ordinance creating the commission must be filed with the director of the department. When the director receives substantially identical ordinances from all of the participating counties in accordance with procedures agreed upon, he shall certify this fact and distribute, within ten days, a certified single ordinance text to the following:
(1) the Secretary of State of South Carolina;
(2) the clerk to the county council of each of the participating counties;
(3) the clerk of court of each of the participating counties; and
(4) a newspaper of general circulation in the participating counties. Upon request, the director also shall send a certified single copy of an applicable joint ordinance to the chairman of the commission.
(B) Unless a joint ordinance specifies a later date, it takes effect when the director's certified text is submitted to the Secretary of State for filing. Certifications of the director under the seal of the commission as to the text or amended text of a joint ordinance and of
Section 49-27-580. (A) The commission may make recommendations to the participating counties applicable to Lake Wateree and its shoreline area concerning all matters relating to or affecting the use of Lake Wateree. These recommendations may not conflict with or supersede provisions of general or special acts or of regulations of state agencies promulgated pursuant to the authority of general law. A recommendation may be adopted and enacted by the participating counties pursuant to joint ordinance.
(B) The joint ordinance must specify the penalty for violation of an enactment.
(C) An enactment pursuant to this section takes effect upon passage or upon the dates stipulated in the joint ordinance, except that an enactment may not be enforced unless adequate notice of it has been posted in or on Lake Wateree or its shoreline area. Adequate notice as to an enactment affecting only a particular location may be by a sign, uniform waterway marker, posted notice, or other effective method of communicating the essential provisions of the enactment in the immediate vicinity of the location in question. If an enactment applies generally as to Lake Wateree or its shoreline area, or both, notices, signs, or markers communicating the essential provisions must be posted in at least three different places throughout the area, and notice printed in a newspaper of general circulation in the participating counties.
(D) A copy of each ordinance pursuant to this section must be filed by the commission with the following persons:
(1) the Secretary of State of South Carolina;
(2) the clerk of court of each of the participating counties;
(3) the director of the department.
(E) An official designated in subsection (D) may issue a certified copy of an ordinance filed with him under the seal of his office. A certified copy may be received in evidence in any proceeding.
Section 49-27-590. (A) All law enforcement officers, or those officers designated in the joint ordinance, with territorial jurisdiction as to a part of Lake Wateree or its shoreline area have the authority of peace officers in enforcing the laws over all of Lake Wateree and its shoreline area, within the limitations of their subject matter jurisdiction.
(B) If a law enforcement officer of a participating county with jurisdiction over any part of Lake Wateree or its shoreline area is performing duties relating to the enforcement of the laws on Lake Wateree or in its shoreline area, he has extraterritorial jurisdiction in those parts of Lake Wateree located in participating counties as may be necessary to perform his duties. These duties include investigation of crimes an officer reasonably believes have been, or are about to be, committed within the area in question. This includes traversing by reasonable routes from one portion of this area to another although across territory not within the boundaries of Lake Wateree and its shoreline area; conducting prisoners in custody to a court or detention facility as may be authorized by law, although this may involve going outside the area in question; execution of process connected with any criminal offense alleged to have been committed within the boundaries in question, except that this process may not be executed by virtue of this provision beyond the boundaries of the participating counties. This also includes continuing pursuit of and arresting any violator or suspected violator as to which grounds for arrest arose within the area in question.
(C) If a law enforcement officer is given additional territorial jurisdiction pursuant to this section, it is an extension of the duties of the office held and he is not required to take any additional oath or title of office.
(D) A criminal violation must be tried in the county in which it occurred.
(E) This section does not authorize the members of the Lake Wateree Marine Commission to act as law enforcement officers."
SECTION 3. Section 50-3-420 of the 1976 Code, as last amended by Act 275 of 2000, is further amended to read:
"Section 50-3-420. (A) Neither any officer of the Lake Wylie Marine Commission, the Lake Wateree Marine Commission, nor any enforcement officer or deputy enforcement officer of the Department of Natural Resources is subject to criminal prosecution when acting in his official capacity within his territorial jurisdiction for:
(1) failing to comply with statutes or regulations governing the operations of motor vehicles, watercraft, or aircraft;
(2) entering into private property, whether or not posted against trespassing;
(3) failure to comply with wildlife conservation and boating laws of this State as a necessary part of the investigation or enforcement effort in enforcing those laws.
The provisions of this section do not relieve the officers from the duty to exercise due regard for the safety of the public or protect them from the consequences of reckless, wilful, or wanton disregard for the safety of others nor liability for criminal prosecutions except as stated in items (1), (2), and (3).
(B) This section does not authorize the members of the Lake Wateree Marine Commission to act as law enforcement officers."
SECTION 4. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Senator SHEHEEN explained the committee amendment.
The committee amendment was adopted.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments.
H. 3130 (Word version) -- Reps. Lourie and Haskins: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-25-95 SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON CONVICTED OF A MISDEMEANOR CRIMINAL DOMESTIC VIOLENCE OFFENSE TO SHIP, TRANSPORT, POSSESS, OR RECEIVE A FIREARM OR AMMUNITION IF THE CONVICTION MEETS CERTAIN CONDITIONS AND TO PROVIDE PENALTIES; AND BY ADDING SECTION 20-4-150, SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR A PERSON SUBJECT TO A PROTECTION ORDER, UNDER CERTAIN CONDITIONS, TO SHIP, TRANSPORT, POSSESS, OR RECEIVE A FIREARM OR AMMUNITION AND TO PROVIDE PENALTIES.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Judiciary.
The Committee on Judiciary proposed the following amendment (3130R001.GFM), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 16-3-1750 of the 1976 Code, as last amended by Act 175 of 2002, is further amended to read:
"Section 16-3-1750. (A) Under Pursuant to the provisions of this article, the magistrates court has jurisdiction over an action seeking a restraining order against a person engaged in harassment, or stalking, or charged with criminal domestic violence pursuant to Section 16-25-20(A) or criminal domestic violence of a high and aggravated nature pursuant to Section 16-25-65.
(B) An action for a restraining order must be filed in the county in which:
(1) the defendant resides when the action commences;
(2) the harassment, or stalking, criminal domestic violence of a high and aggravated nature pursuant to Section 16-25-65, or criminal domestic violence pursuant to Section 16-25-20 occurred; or
(3) the plaintiff resides if the defendant is a nonresident of the State or cannot be found.
(C) A complaint and motion for a restraining order may be filed by any person. The complaint must:
(1) allege that the defendant is engaged in harassment, or stalking criminal domestic violence of a high and aggravated nature pursuant to Section 16-25-65, or criminal domestic violence pursuant to Section 16-25-20 and must state the time, place, and manner of the acts complained of, and other facts and circumstances upon which relief is sought;
(2) be verified; and
(3) inform the defendant of his right to retain counsel to represent him at the hearing on the complaint.
(D) The magistrates court must provide forms to facilitate the preparation and filing of a complaint and motion for a restraining order by a plaintiff not represented by counsel. The court must not charge a fee for filing a complaint and motion for a restraining order against a person engaged in harassment or stalking. The court must not charge a fee for filing a complaint and motion for a restraining order against a
(E) If a person is convicted of criminal domestic violence of a high and aggravated nature pursuant to Section 16-25-65 and the court makes a finding of imminent danger to the applicant, the court must order the person subject to a restraining order to surrender all firearms, as defined in Section 16-23-10(a) and Section 16-23-210(a) through (e), to the local sheriff for the duration of the order. If a person is convicted of criminal domestic violence pursuant to Section 16-25-20(A) and the court makes a finding of imminent danger to the applicant, the court may order the person subject to a restraining order to surrender all firearms, as defined in Section 16-23-10(a) and Section 16-23-210(a) through (e), to the local sheriff for the duration of the order. In determining imminent danger to the applicant, the court must consider the following:
(1) the use or threatened use of a deadly weapon by the respondent or pattern of prior conduct by the respondent involving the use of a firearm;
(2) serious injury inflicted by the respondent upon the petitioner or a minor child in the petitioner's household;
(3) threats by the respondent to seriously injure or murder the petitioner or a minor child in the petitioner's household; or
(4) threats by the respondent to commit suicide.
(F) Upon issuance of a restraining order for which a filing fee must be paid, the magistrate must direct the person subject to the restraining order to pay the filing fee.
(G) The court may find a person subject to a restraining order in contempt of court for failure to pay the required filing fees as ordered.
(H) Notwithstanding any other provision of law, a restraining order or a temporary restraining order issued pursuant to this article is enforceable throughout this State."
SECTION 2. Section 16-23-30 of the 1976 Code is amended to read:
"Section 16-23-30. (A) It shall be is unlawful for any a person to knowingly sell, offer to sell, deliver, lease, rent, barter, exchange, or transport for sale into this State any pistol handgun to:
(a)(1) Any a person who has been convicted of a crime of violence in any court of the United States, the several states, commonwealths, territories, possessions, or the District of Columbia or who is a fugitive from justice or a habitual drunkard or a drug addict or who has been adjudicated mentally incompetent.;
(2) a person convicted of criminal domestic violence pursuant to Section 16-25-20(A) or a person convicted of criminal domestic violence of a high and aggravated nature pursuant to Section 16-25-65;
(b)(3) Any a person who is a member of a subversive organization.;
(c)(4) Any a person under the age of twenty-one, but this shall not apply to the issue issuance of pistols handguns to members of the Armed Forces of the United States, active or reserve, National Guard, State Militia, or R. O. T. C., when on duty or training, or the temporary loan of pistols handguns for instructions under the immediate supervision of a parent or adult instructor.; or
(d)(5) Any a person who by order of a circuit judge or county court judge of this State has been adjudged unfit to carry or possess a pistol handgun, such adjudication to be made upon application by any police officer, or by any prosecuting officer of this State, or sua sponte, by the court, but any a person who shall be is the subject of such an application shall be is entitled to reasonable notice and a proper hearing prior to any such adjudication.
(e)(B) It shall be is unlawful for any a person covered in (a), (b), (c) or (d) of this section enumerated in subsection (A) to possess or acquire pistols handguns within this State.
(f)(C) No A person shall not knowingly buy, sell, transport, pawn, receive, or possess any stolen pistol handgun or one from which the original serial number has been removed or obliterated."
SECTION 3. Article 3, Chapter 23, Title 16 of the 1976 Code is amended by adding:
"Section 16-23-235. It is unlawful for a person to knowingly sell, offer to sell, deliver, lease, rent, barter, exchange, or transport for sale into this State, a machine gun, sawed-off shotgun, shotgun, or rifle or sawed-off rifle as defined in this chapter to a person convicted of criminal domestic violence pursuant to Section 16-25-20(A) or to a person convicted of criminal domestic violence of a high and aggravated nature pursuant to Section 16-25-65."
SECTION 4. Chapter 25, Title 16 of the 1976 Code is amended by adding:
"Section 16-25-75. Upon conviction of criminal domestic violence of a high and aggravated nature pursuant to Section 16-25-65 or upon the second or subsequent conviction of criminal domestic violence pursuant to Section 16-25-20(A), the offender must surrender all firearms owned by him or in his possession to the County Sheriff who may transfer the weapons to the Bureau of Alcohol, Tobacco and Firearms."
SECTION 5. Section 17-15-40 of the 1976 Code is amended to read:
"Section 17-15-40. (A) On After court consideration of the following:
(1) the use or threatened use of a deadly weapon by the person or pattern of prior unlawful conduct by the person involving the use of a firearm,
(2) serious injury inflicted by the person upon the victim or a minor child in the victim's household,
(3) threats by the person to seriously injure or murder the victim or a minor child in the victim's household, or
(4) threats by the person to commit suicide, upon releasing the person on any of the foregoing conditions in subsections (B) and (C), the court shall must issue a brief order containing a statement of the conditions imposed, informing the person of the penalties for violation of the conditions of release and stating that a warrant for the person's arrest will be issued immediately upon any such a violation of a condition of release. The person released shall acknowledge his understanding of the terms and conditions of his release and the penalties and forfeitures applicable in the event of a violation thereof of a condition of release on a form to be prescribed by the Attorney General.
(B) If a person is charged with a violent crime as defined in Section 16-1-60, the court must order the person, as a condition of bond, to surrender to the county sheriff all firearms as defined in Section 16-23-10(a) and Section 16-23-210(a) through (e) that are owned or possessed by the defendant. The sheriff must store the firearms until final disposition of the charges.
(C) If a person is charged with a criminal domestic violence pursuant to Section 16-25-20(A), the court may order the person, as a condition of bond, and only when requested by or with the consent of the victim or the victim's representative, to surrender to the county
SECTION 6. Section 20-4-60(d) of the 1976 Code is amended to read:
"(d) No protective order issued pursuant to this chapter may, in any manner, affect the title to real property, except pursuant to the provisions of subsection (f)."
SECTION 7. Section 20-4-60 of the 1976 Code, as last amended by Act 396 of 1996, is further amended by adding:
"(f) After court consideration of the following:
(1) the use or threatened use of a deadly weapon by the respondent or pattern of prior conduct by the respondent involving the use of a firearm,
(2) serious injury inflicted by the respondent upon the petitioner or a minor child in the petitioner's household,
(4) threats by the respondent to seriously injure or murder the petitioner or a minor child in the petitioner's household, or
(3) threats by the respondent to commit suicide,
if an order of protection is issued pursuant to this chapter, and the court finds that there is an imminent danger to the petitioner by the respondent, the court may order the respondent to surrender all firearms as defined in Section 16-23-10(a) and Section 16-23-210(a) through (e) to the county sheriff as a condition of the order of protection. The sheriff must store the firearms for the duration of the order of protection."
SECTION 8. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Senator RITCHIE explained the committee amendment.
The committee amendment was adopted.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments.
H. 5042 (Word version) -- Reps. Wilkins, Harrison and Jennings: A BILL TO AMEND SECTIONS 2-17-20 AND 2-17-25, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO REGISTRATION BY LOBBYISTS AND LOBBYIST'S PRINCIPALS, SO AS TO PROVIDE THAT LOBBYISTS AND LOBBYIST'S PRINCIPALS MAY NOT REGISTER OR REREGISTER UNTIL ALL LATE FILING PENALTIES ARE PAID; TO AMEND SECTION 2-17-50, AS AMENDED, RELATING TO THE REQUIREMENT THAT THE STATE ETHICS COMMISSION ENFORCE FILING REQUIREMENTS OF CHAPTER 17, TITLE 2, SO AS TO CHANGE THE ASSESSMENT OF THE FINE AFTER A REQUIRED STATEMENT HAS BEEN FILED AND THE REQUIRED NOTICE HAS BEEN GIVEN; TO AMEND SECTION 8-13-320, AS AMENDED, RELATING TO THE DUTIES AND POWERS OF THE STATE ETHICS COMMISSION, SO AS TO CLARIFY THAT ALL INVESTIGATIONS, INQUIRIES, HEARINGS, AND ACCOMPANYING DOCUMENTS MUST BE CONFIDENTIAL UNTIL FINAL DISPOSITION OF A MATTER UNLESS THE RESPONDENT WAIVES THIS RIGHT BY WRITTEN AUTHORIZATION TO THE COMMISSION; TO AMEND SECTION 8-13-700, AS AMENDED, RELATING TO THE PROHIBITION OF A PUBLIC OFFICIAL, PUBLIC MEMBER, OR PUBLIC EMPLOYEE USING HIS OFFICIAL POSITION FOR PERSONAL GAIN, SO AS TO EXPAND THE PROHIBITION TO INCLUDE A FAMILY MEMBER INSTEAD OF A MEMBER OF HIS IMMEDIATE FAMILY; TO AMEND SECTION 8-13-1125, AS AMENDED, RELATING TO THE EXCEPTION TO THE REPORTING REQUIREMENT IN SECTION 8-13-1120 (A)(9) FOR EVENTS TO WHICH THE ENTIRE LEGISLATIVE BODY IS INVITED, SO AS TO AUTHORIZE THE EXCEPTION FOR THE ENTIRE MEMBERSHIP OF A STANDING COMMITTEE OR COUNTY LEGISLATIVE DELEGATION IF PROPER RECORDS ARE MAINTAINED AND MADE AVAILABLE TO THE PUBLIC FOR INSPECTION AND COPYING; AND TO AMEND SECTION 8-13-1308, AS AMENDED, RELATING TO FILING OF CERTIFIED CAMPAIGN REPORTS BY CANDIDATES AND COMMITTEES, SO AS TO CLARIFY THAT IF A MUNICIPAL ELECTION IS NOT HELD PURSUANT TO SECTION 7-13-190, THE CANDIDATE
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Judiciary.
The Committee on Judiciary proposed the following amendment (JUD5042.004), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/ SECTION 1. Section 2-17-10 of the 1976 Code, as amended by Act 248 of 1991, is further amended by adding an appropriately numbered section as follows:
"( ) 'Freshman legislators' means members of the General Assembly serving their first session following their first election or their first election following any interruption in their continuous terms of service in the General Assembly."
SECTION 2. Section 2-17-10(11) of the 1976 Code, as amended by Act 248 of 1991, is further amended to read:
"(11) 'Legislative caucus' means:
(a) a committee of either house of the General Assembly controlled by the caucus of a political party or a caucus based upon racial or ethnic affinity, or gender, or a caucus comprised of freshman legislators;. However, each house may establish only one committee for each political-, racial-, ethnic-, gender-, or freshman-based affinity; or
(b) a party or group of either house of the General Assembly based upon racial or ethnic affinity, or gender, or status as a freshman legislator. However, each house may establish only one committee for each racial-, ethnic-, or gender- based affinity."
SECTION 3. Section 2-17-20(C) of the 1976 Code, as last amended by Act 76 of 2003 is further amended to read:
"(C) Each lobbyist who ceases to engage in lobbying requiring him to register pursuant to the provisions of this section shall file a written statement with the State Ethics Commission acknowledging the termination of lobbying. The written statement of termination is effective immediately, except that the provisions of Sections 2-17-80(A)(5), 2-17-80(B)(5), 2-17-110(C), and 2-17-110(F) continue in force and effect for the remainder of the calendar year in which the
SECTION 4. Section 2-17-20(H) of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:
"(H) The State Ethics Commission shall not allow a lobbyist to register or reregister under this section until the lobbyist complies with the reporting requirements under Section 2-17-30, pays all late filing penalties in accordance with Section 2-17-50, and pays all fines in accordance with Section 8-13-320."
SECTION 5. Section 2-17-25(C) of the 1976 Code, as last amended by Act 76 of 2003, is further amended to read:
"(C) Each lobbyist's principal who ceases to authorize lobbying requiring him to register pursuant to this section must file a written statement with the State Ethics Commission acknowledging the termination of lobbying. The written statement of termination is effective immediately, except that the provisions of Sections 2-17-80(A)(5), 2-17-80(B)(5), 2-17-110(C), and 2-17-110(F) continue in force and effect for the remainder of the calendar year in which the lobbyist's principal was registered, regardless of the date of the termination statement filed with the State Ethics Commission. Each lobbyist's principal who files a written statement of termination pursuant to this section shall file reports required by this chapter for any reporting period during which the lobbyist's principal was registered pursuant to this section."
SECTION 6. Section 2-17-25(H) of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:
"(H) The State Ethics Commission shall not allow a lobbyist's principal to register or reregister under this section until the lobbyist's principal complies with the reporting requirements under Section 2-17-35, pays all late filing penalties in accordance with Section 2-17-50, and pays all fines in accordance with Section 8-13-320."
SECTION 7. Section 2-17-50(A)(2)(b) of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:
"(b) after notice has been given by certified or registered mail by the State Ethics Commission that a required statement has not been filed, a fine of ten dollars a day for each additional calendar day in which the required statement is not filed, not to exceed a total fine of five hundred
SECTION 8. Section 2-17-80 of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:
"Section 2-17-80. (A) A lobbyist or a person acting on behalf of a lobbyist shall not offer, solicit, facilitate, or provide to or on behalf of any member of the General Assembly, the Governor, the Lieutenant Governor, any other statewide constitutional officer, any public official of any state agency who engaged in covered agency actions, or any of their employees any of the following:
(1) lodging;
(2) transportation;
(3) entertainment; or
(4) food, meals, beverages, money, or any other thing of value other than; (5) contributions, as defined in Section 8-13-1300(7).
(B) A lobbyist or a person acting on behalf of a lobbyist shall not offer, solicit, or provide contributions, as defined in Section 8-13-1300(7), to or on behalf of any member of the General Assembly, the Governor, the Lieutenant Governor, any other statewide constitutional officer, any public official of any state agency who engaged in covered agency actions, or any of their employees.
(C) A member of the General Assembly, the Governor, the Lieutenant Governor, any other statewide constitutional officer, any public official of any state agency who engaged in covered agency actions, or any of their employees shall not solicit or receive from a lobbyist or a person acting on behalf of a lobbyist any of the following:
(1) lodging;
(2) transportation;
(3) entertainment;
(4) food, meals, beverages, money, or any other thing of value;
(5) contributions, as defined in Section 8-13-1300(7).
(C)(D) Subsections (A)(1) through (A)(4) and subsections (B)(C)(1) through (B)(C)(4) of this section do not apply to the furnishing of lodging, transportation, entertainment, food, meals, beverages, or any other thing of value which also is furnished on the same terms or at the same expense to a member of the general public without regard to status as a public official or public employee.
(D)(E) Subsections (A)(1), (A)(2), (B)(C)(1), and (B)(C)(2) of this section do not apply to the rendering of emergency assistance given gratuitously and in good faith by a lobbyist, a lobbyist's principal, or
(E)(F) Subsections (A), and (B), and (C) do not apply to anything of value given to a family member for love and affection."
SECTION 9. The penultimate paragraph of Section 7-11-15 of the 1976 Code is amended to read:
"If, after the closing of the time for filing statements of intention of candidacy, but before the date of the primary, there are not more than two candidates for any one office and one or more of the candidates dies, or withdraws, the state or county committee, as the case may be applicable, if the nomination is by political party primary or political party convention only may, in its discretion, may afford opportunity for the entry of other candidates for the office involved; however, for the office of State House of Representatives or State Senator, the discretion must be exercised by the state committee. If a state or county committee decides to re-open filing for any office pursuant to this paragraph, the filing period shall not exceed two weeks from the date of the death or withdrawal, but in no case shall extend beyond the date of the primary."
SECTION 10. Section 8-13-320(10)(g) of the 1976 Code, as last amended by Act 184 of 1993, is further amended to read:
"(g) All investigations, inquiries, hearings, and accompanying documents must remain confidential until final disposition of a matter unless the respondent waives the right to confidentiality by written authorization to the State Ethics Commission. The wilful release of confidential information is a misdemeanor, and any person releasing such confidential information, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than one year."
SECTION 11. Section 8-13-1125 of the 1976 Code, as last amended by Act 6 of 1995, is further amended to read:
"Section 8-13-1125. Notwithstanding Sections 2-17-90(C) and 8-13-710, the reporting requirement of Section 8-13-1120(A)(9) does not apply to an event to which a member of the General Assembly is invited by a lobbyist's principal, regardless of whether or not the member attended the event, if the invitation was extended to:
(1) the entire membership of the House, Senate, or General Assembly, and the invitation was accepted by the House or Senate Invitations Committee pursuant to House or Senate rules; or
(2) the entire membership of a standing committee, joint committee, or county legislative delegation."
SECTION 12. Section 8-13-1300(7) of the 1976 Code, as last amended by Act 76 of 2003, is further amended to read:
[From and after November 3, 2004, this paragraph reads as follows:]
"(7) 'Contribution' means a gift, subscription, loan, guarantee upon which collection is made, forgiveness of a loan, an advance, in-kind contribution or expenditure, a deposit of money, or anything of value made to a candidate or committee to influence an election; or payment or compensation for the personal service of another person which is rendered for any purpose to a candidate or committee without charge, whether any of the above are made or offered directly or indirectly. 'Contribution' does not include: (a) volunteer personal services on behalf of a candidate or committee for which the volunteer or any person acting on behalf of or instead of the volunteer receives no compensation either in cash or in-kind, directly or indirectly, from any source; or (b) a gift, subscription, loan, guarantee upon which collection is made, forgiveness of a loan, an advance, in-kind contribution or expenditure, a deposit of money, or anything of value made to a committee, other than a candidate committee, and which is used to pay for communications made not more than forty-five days before the election to influence the outcome of an elective office as defined in Section 8-13-1300(31)(c) and which does not promote or support or attack or oppose a candidate, regardless of whether the communication expressly advocates a vote for or against a candidate. These communication funds must be deposited in an account separate from a campaign account as required in Section 8-13-1312 and these communication funds must be disclosed in the same manner as contributions are disclosed in Section 8-13-1308(F), but are not subject to the contribution limits of Section 8-13-1322."
SECTION 13. Section 8-13-1300 of the 1976 Code, as last amended by Act 76 of 2003, is amended by adding an appropriately numbered item to read:
"( ) 'Freshman legislators' means members of the General Assembly serving their first session following their first election or their first election following any interruption in their continuous terms of service in the General Assembly."
SECTION 14. Section 8-13-1300(21) of the 1976 Code, as last amended by Act 76 of 2003 is amended to read:
[From and after November 3, 2004, this paragraph reads as follows:]
"(21) 'Legislative caucus committee' means:
(a) a committee of either house of the General Assembly controlled by the caucus of a political party or a caucus based upon racial or ethnic affinity, or gender, or a caucus comprised of freshman legislators;. however However, each house may establish only one committee for each political-, racial-, ethnic-, or gender-, or freshman-based affinity; or
(b) a party or group of either house of the General Assembly based upon racial or ethnic affinity, or gender, or status as a freshman legislator."
SECTION 15. Section 8-13-1308(D) of the 1976 Code, as last amended by Act 76 of 2003, is further amended to read:
[From and after November 3, 2004, this subsection reads as follows:]
"(D)(1) At least fifteen days before an election, a certified campaign report must be filed showing contributions of more than one hundred dollars and expenditures to or by the candidate or committee for the period ending twenty days before the election. The candidate or committee must maintain a current list during the period before the election commencing at the beginning of the calendar quarter of the election of all contributions of more than one hundred dollars and expenditures. The list must be open to public inspection upon request.
(2) A committee immediately shall file a campaign report listing expenditures if it makes an independent expenditure or an incurred expenditure within the calendar quarter in which the election is conducted or twenty days before the election, whichever period of time is greater, in excess of:
(a) ten thousand dollars in the case of a candidate for statewide office; or
(b) two thousand dollars in the case of a candidate for any other office.
(3) In the event of a runoff election, candidates or committees are not required to file another campaign report in addition to the reports already required under this section. However, records must remain open to public inspection upon request between the election and the runoff.
(4) If a municipal election is not held pursuant to Section 7-13-190(E), the candidate shall file a campaign disclosure report within fifteen days of being declared a winner or fifteen days before the established election date, whichever is earlier."
SECTION 16. Section 8-13-1312 of the 1976 Code, as last amended by Act 76 of 2003, is further amended to read:
[From and after November 3, 2004, this section reads as follows:]
"Section 8-13-1312. Except as is required for the separation of funds and expenditures under the provisions of Section 8-13-1300(7), a candidate shall not establish more than one campaign checking account and one campaign savings account for each office sought, and a committee shall not establish more than one checking account and one savings account unless federal or state law requires additional accounts. For purposes of this article, certificates of deposit or other interest bearing instruments are not considered separate accounts. A candidate's accounts must be established, upon receipt of an aggregate sum of five hundred dollars, in a financial institution that conducts business within the State and in an office located within the State that conducts business with the general public. The candidate or a duly authorized officer of a committee must maintain the accounts in the name of the candidate or committee. An acronym must not be used in the case of a candidate's accounts. An acronym or abbreviation may be used in the case of a committee's accounts if the acronym or abbreviation commonly is known or clearly recognized by the general public. Except as otherwise provided under Section 8-13-1348(C), expenses paid on behalf of a candidate or committee must be drawn from the campaign account and issued on a check signed by the candidate or a duly authorized officer of a committee. All contributions received by the candidate or committee, directly or indirectly, must be deposited in the campaign account by the candidate or committee within ten days after receipt. All contributions received by an agent of a candidate or committee must be forwarded to the candidate or committee not later than five days after receipt. A contribution must not be deposited until the candidate or committee receives information regarding the name and address of the contributor. If the name and address cannot be determined within seven days after receipt, the contribution must be remitted to the Children's Trust Fund."
SECTION 17. This act takes effect upon approval by the Governor except that: Section 8-13-1125 as contained in SECTION 11 takes effect January 1, 2005; Section 2-17-10 as contained in SECTION 1, Section 2-17-10(11) as contained in SECTION 2, Section 7-11-15 as contained in SECTION 9, Section 8-13-1300(7) as contained in SECTION 12, Section 8-13-1300 as contained in SECTION 13, Section 8-13-1300(21) as contained in SECTION 14, Section 8-13-1308(D) as contained in SECTION 15, and Section 8-13-1312 as contained in SECTION 16 take effect November 3, 2004. /
Renumber sections to conform.
Amend title to conform.
Senator MOORE explained the committee amendment.
The committee amendment was adopted.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments.
H. 4575 (Word version) -- Reps. Sheheen, McGee and McLeod: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-862 SO AS TO REQUIRE A CLERK OF COURT TO SERVE NOTICE OF A RULE TO SHOW CAUSE HEARING FOR AN ARREARAGE IN CHILD SUPPORT OR PERIODIC ALIMONY TO THE PARTY OWED THE SUPPORT.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Judiciary.
The Committee on Judiciary proposed the following amendment (JUD4575.003), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/ SECTION 1. Subarticle 3, Article 9, Chapter 7, Title 20 of the 1976 Code is amended by adding:
"Section 20-7-862. (A) If pursuant to family court rule, the clerk of court issues a rule to show cause in a case of child support or periodic alimony arrearage, the clerk also shall provide written notice to the party owed the support or alimony. The notice to the party owed support or alimony must:
(1) be provided by the court at least five days prior to the hearing;
(2) be sent by first class delivery through the United States Postal Service and addressed to the party's last address on file with the court; and
(3) include the date, time, and place the party in arrears has been ordered to appear.
(B) The mailing provided for in subsection (A) is considered sufficient notice of the hearing to the party owed the support or alimony.
(C) The clerk of court shall place in the case file a copy of the notice sent to the party owed support or alimony with the time and date stamped on the copy.
(D) This section does not apply to a rule to show cause in a case of child support or periodic alimony arrearage issued by a clerk of court pursuant to family court rule if the party owed the support or alimony is represented by the Department of Social Services."
SECTION 2. This act takes effect upon approval by the Governor and applies to rules to show cause issued on and after the effective date of this act. /
Renumber sections to conform.
Amend title to conform.
Senator RITCHIE explained the committee amendment.
The committee amendment was adopted.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments.
H. 4527 (Word version) -- Reps. M.A. Pitts, Bailey and Koon: A BILL TO AMEND SECTION 12-6-1140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEDUCTIONS FROM SOUTH CAROLINA TAXABLE INCOME OF INDIVIDUALS, SO AS TO EXTEND THE DEDUCTION ALLOWED AN ELIGIBLE VOLUNTEER FIREMAN, VOLUNTEER RESERVE SQUAD MEMBER, AND VOLUNTEER MEMBER OF A HAZARDOUS MATERIALS (HAZMAT) RESPONSE TEAM TO A RESERVE POLICE OFFICER, TO DELETE OBSOLETE LANGUAGE, AND TO PROVIDE DEDUCTION ELIGIBILITY REQUIREMENTS FOR A RESERVE POLICE OFFICER.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Finance.
The Committee on Finance proposed the following amendment (GGS\22743HTC04), which was adopted:
Amend the bill, as and if amended, by striking Section 12-6-1140(10), as contained in SECTION 1, beginning on page 1, and inserting:
/ (10) three thousand dollars a deduction calculated as provided in this item for a volunteer firefighter, rescue squad member, or volunteer member of a Hazardous Materials (HAZMAT) Response Team, reserve police officer, or Department of Natural Resources deputy enforcement officer not otherwise eligible for this exemption. An individual may receive only one deduction pursuant to this item. For taxable years after 2000, The Board of Economic Advisors annually shall estimate a maximum deduction that may be permitted under this section for a taxable year based on an individual income tax revenue loss of three million one hundred thousand dollars attributable to this deduction and shall certify that maximum deduction to the Department of Revenue and for the applicable taxable year, the maximum deduction amount must not exceed the lesser of the certified estimate or three thousand dollars. Only a volunteer earning a minimum number of points pursuant to Section 23-9-190 is eligible for this deduction. In the case of a reserve police officer and in lieu of minimum points determining eligibility, this deduction is allowed only if the reserve police officer's coordinator-supervisor certifies in writing to the officer that the officer met all requirements of Chapter 28, Title 23 applicable to a reserve police officer for the entire taxable year. In the case of a Department of Natural Resources deputy enforcement officer and in lieu of minimum points determining eligibility, this deduction is allowed only if the deputy enforcement officer's supervisor certifies in writing to the officer that the officer met all requirements of Section 50-3-315 for the entire taxable year. These certifications must be on a form approved by the Department of Revenue that must be filed with the officer's tax return for the exemption to be claimed. /
Renumber sections to conform.
Amend title to conform.
Senator HAYES explained the committee amendment.
The committee amendment was adopted.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading with notice of general amendments.
The following Bills and Joint Resolutions, having been read the second time, were ordered placed on the Third Reading Calendar:
S. 1260 (Word version) -- Education Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE SOUTH CAROLINA STATE LIBRARY, RELATING TO CERTIFICATION PROGRAM FOR PUBLIC LIBRARIANS, DESIGNATED AS REGULATION DOCUMENT NUMBER 2899, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
S. 1277 (Word version) -- Senator Branton: A BILL TO AMEND ACT 327 OF 1977, RELATING TO THE ABILITY OF SCHOOL DISTRICT NO. 2 OF DORCHESTER COUNTY TO ISSUE BONDS, SO AS TO PROVIDE THAT, BEFORE ISSUING BONDS, THE TRUSTEES SHALL SUBMIT THE QUESTION TO THE QUALIFIED ELECTORS OF THE DISTRICT AT THE TIME OF THE GENERAL ELECTION.
On motion of Senator BRANTON, with unanimous consent, S. 1277 was ordered to receive a third reading on Friday, May 28, 2004.
S. 1278 (Word version) -- Senator Branton: A BILL TO AMEND ACT 327 OF 1977, RELATING TO THE ABILITY OF SCHOOL DISTRICT NO. 2 OF DORCHESTER COUNTY TO ISSUE BONDS, SO AS TO PROVIDE THAT, BEFORE ISSUING BONDS, THE TOTAL FULL TERM UNPAID BALANCE REMAINING ON ANY INDEBTEDNESS THAT A SCHOOL DISTRICT IS OBLIGATED TO PAY OVER ANY PERIOD MUST BE INCLUDED IN ITS GENERAL OBLIGATION DEBT.
On motion of Senator BRANTON, with unanimous consent, S. 1278 was ordered to receive a third reading on Friday, May 28, 2004.
H. 4885 (Word version) -- Education and Public Works Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS OF THE BOARD OF EDUCATION, RELATING TO REQUIREMENTS FOR INITIAL CERTIFICATION AT THE ADVANCED LEVEL, DESIGNATED AS REGULATION DOCUMENT NUMBER 2877, PURSUANT TO THE PROVISIONS OF ARTICLE 1, CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Senator WALDREP explained the Joint Resolution.
H. 4980 (Word version) -- Rep. Witherspoon: A BILL TO AMEND SECTION 47-4-60, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A CERTIFICATE OF VETERINARY INSPECTION FOR OUT-OF-STATE LIVESTOCK OR POULTRY ENTERING THIS STATE, AND THE QUARANTINE OF UNCERTIFIED ANIMALS, SO AS TO PROVIDE THAT THE DIRECTOR OF THE DIVISION OF LIVESTOCK-POULTRY HEALTH MAY AUTHORIZE ALTERNATIVE MEASURES WHICH IN HIS OPINION OFFER THE EQUIVALENT OR GREATER PROTECTION FOR THE LIVESTOCK INDUSTRY OF THIS STATE INCLUDING, BUT NOT LIMITED TO, EQUINE PASSPORT EVENT PERMITS.
Senator WALDREP explained the Bill.
On motion of Senator CROMER, with unanimous consent, H. 4980 was ordered to receive a third reading on Friday, May 28, 2004.
H. 4981 (Word version) -- Rep. Witherspoon: A BILL TO AMEND SECTION 47-17-90, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO EXEMPTIONS FROM PROVISIONS REQUIRING MEAT INSPECTION, SO AS TO FURTHER PROVIDE FOR THE EXEMPTION FROM INSPECTION REQUIREMENTS IN REGARD TO THE SLAUGHTER OF LIVESTOCK OF A PRODUCER'S OWN RAISING FOR HIS OWN USE.
Senator WALDREP explained the Bill.
On motion of Senator WALDREP with unanimous consent, H. 4981 was ordered to receive a third reading on Friday, May 28, 2004.
H. 4848 (Word version) -- Reps. McCraw, Phillips, Ceips, Clark, Cobb-Hunter, Duncan, Emory, Freeman, Gourdine, Hagood, J. Hines, M. Hines, Hosey, Leach, Limehouse, Moody-Lawrence, Perry, Rice, Scarborough, Sinclair, Skelton, D.C. Smith, G.R. Smith, J.R. Smith, Clemmons, W.D. Smith, Barfield, Snow, Stille, Taylor and Tripp: A BILL TO AMEND CHAPTER 3, TITLE 56, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MOTOR VEHICLE REGISTRATION AND LICENSING, BY ADDING ARTICLE 74 SO AS TO PROVIDE THAT THE DEPARTMENT OF PUBLIC SAFETY MAY ISSUE VIETNAM WAR VETERANS SPECIAL LICENSE PLATES, AND TO PROVIDE FOR THE DISTRIBUTION OF THE FEES COLLECTED FOR THIS SPECIAL LICENSE PLATE.
H. 4838 (Word version) -- Reps. Hamilton, Bailey, Cooper, Duncan, Edge, Huggins, Limehouse, E.H. Pitts, Scott, Snow, Walker, M. Hines, Hinson, Martin, Parks, Clemmons and Barfield: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 46 TO CHAPTER 3, TITLE 56 SO AS TO PROVIDE FOR THE ISSUANCE OF "HOMEOWNERSHIP: THE AMERICAN DREAM" SPECIAL LICENSE PLATES.
H. 4470 (Word version) -- Reps. Harrison, Altman, Cotty, Kirsh and Owens: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-13-305 SO AS TO CREATE THE OFFENSE OF DEFRAUDING SECURED CREDITORS AND TO PROVIDE A PENALTY.
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Judiciary.
The Committee on Judiciary proposed the following amendment (JUD4470.007), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/ SECTION 1. Part 4, Chapter 9, Title 36 of the 1976 Code is amended by adding:
"Section 36-9-410. (A) Notwithstanding Section 36-9-401, a person who intentionally or wilfully sells or disposes of personal property that
(B) This section does not apply:
(1) if the sale is made without the knowledge of or notice of the perfected security interest to the purchaser by the person selling the property;
(2) to the granting of subsequent security interests;
(3) if the loan secured by the personal property includes a charge for nonfiling insurance; or
(4) to personal property titled by the Department of Public Safety or the Law Enforcement Division of the South Carolina Department of Natural Resources.
(C) If the value of the personal property subject to a perfected security interest is worth:
(1) one thousand dollars or less, a person who violates the provisions of this section is guilty of a misdemeanor triable in the magistrates court and, upon conviction, must be fined not more five hundred dollars or imprisoned not more than thirty days, or both;
(2) more than one thousand dollars but less than five thousand dollars, a person who violates the provisions of this section is guilty of a felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than five years, or both;
(3) five thousand dollars or more, a person who violates the provisions of this section is guilty of a felony and, upon conviction, must be fined in the discretion of the court or imprisoned not more than ten years, or both."
SECTION 2. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Senator RITCHIE explained the committee amendment.
The committee amendment was adopted.
There being no further amendments, the Bill was read the second time and ordered placed on the Third Reading Calendar.
H. 4903 (Word version) -- Reps. Cobb-Hunter, Harrell and Richardson: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 74 TO CHAPTER 3, TITLE 56 SO AS TO PROVIDE FOR "BREAST CANCER AWARENESS" SPECIAL LICENSE PLATES.
The Senate proceeded to a consideration of the Bill, the question being the second reading of the Bill.
Senator SHORT proposed the following amendment (PT\ 2094MM04), which was adopted:
Amend the bill, as and if amended, by deleting all after the enacting words and inserting:
/ SECTION 1. Chapter 3, Title 56 of the 1976 Code is amended by adding:
"Section 56-3-9800. (A)The Department of Public Safety may issue a special commemorative 'Breast Cancer Awareness' motor vehicle license plate to establish a special fund to be used by the Department of Health and Environmental Control for the purpose of expanding the services provided by the Best Chance Network. The special license plates, which must be of the same size and general design of regular motor vehicle license plates, must be imprinted with the nationally recognized breast cancer symbol with numbers as the department may determine. The plates are for annual periods as provided by law. The fee for this special license plate is thirty-five dollars each year in addition to the regular motor vehicle registration fee as set forth in Article 5, Chapter 3 of this title.
(B) The thirty-five-dollar annual fee collected over that required by Article 5, Chapter 3 of this title must be deposited in a separate fund for the Department of Health and Environmental Control and be used solely to expand the services of the Best Chance Network. Funds collected must be deposited with the State Treasurer.
(C) Before the department produces and distributes a plate authorized under this section, it must receive:
(1) four hundred or more prepaid applications for the special license plate or a deposit of four thousand dollars from the individual or organization seeking issuance of the license plate. If a deposit of four thousand dollars is made by an individual or organization pursuant to this section, the department must refund the four thousand dollars once an equivalent amount of license plate fees is collected for that organization's license plate. If the equivalent amount is not collected
(2) a plan to market the sale of the special license plate that must be approved by the department.
(D) If the department receives less than three hundred biennial applications and renewals for a particular special license plate authorized under this section, it shall not produce additional special license plates in that series. The department shall continue to issue special license plates of that series until the existing inventory is exhausted."
SECTION 2. This act takes effect upon approval by the Governor./
Renumber sections to conform.
Amend title to conform.
Senator SHORT explained the amendment.
The amendment was adopted.
There being no further amendments, the Bill was read the second time, passed and ordered to a third reading.
On motion of Senator RYBERG, with unanimous consent, H. 4903 was ordered to receive a third reading on Friday, May 28, 2004.
S. 1259 (Word version) -- Senator Land: A CONCURRENT RESOLUTION TO REQUEST THE DEPARTMENT OF TRANSPORTATION TO NAME THAT PORTION OF SOUTH CAROLINA HIGHWAY 15 IN CLARENDON COUNTY FROM THE INTERSECTION WITH SOUTH CAROLINA HIGHWAY 261 TO THE BEGINNING OF THE ALTHEA GIBSON HIGHWAY THE "JUDGE REUBEN B. CLARK HIGHWAY" AND TO ERECT AN APPROPRIATE MARKER OR SIGN CONTAINING THE WORDS "JUDGE REUBEN B. CLARK HIGHWAY".
The Concurrent Resolution was adopted, ordered sent to the House.
H. 4812 (Word version) -- Reps. Stewart, Clyburn, Perry, D.C. Smith, J.R. Smith, Allen, Altman, Anthony, Bailey, Bales, Barfield, Battle, Bingham, Bowers, Branham, Breeland, G. Brown, J. Brown, R. Brown, Cato, Ceips, Chellis, Clark, Clemmons, Coates, Cobb-Hunter, Coleman,
The Concurrent Resolution was adopted, ordered returned to the House.
S. 1274 (Word version) -- Senators McConnell, Ravenel, Mescher, Grooms, Ford and Drummond: A CONCURRENT RESOLUTION TO REQUEST THAT THE DEPARTMENT OF TRANSPORTATION NAME THE BICYCLE-PEDESTRIAN LANE OF THE NEW ARTHUR RAVENEL, JR. BRIDGE THE GARRETT P. WONDERS MEMORIAL BICYCLE-PEDESTRIAN LANE, "WONDERS' WAY", IN MEMORY OF GARRETT PATRICK WONDERS OF GOOSE CREEK, AND TO REQUEST THAT APPROPRIATE SIGNS OR MARKERS BE POSTED SO THAT AS THE PUBLIC PASSES THEY WILL REMEMBER THE PASSIONATE AND GIFTED CYCLIST, NAVAL OFFICER, AND COMMUNITY LEADER.
The Concurrent Resolution was adopted, ordered sent to the House.
The following Bills and Resolution were carried over:
H. 5139 (Word version) -- Reps. Lloyd, Bowers and R. Brown: A BILL TO AMEND SECTION 7-7-200, CODE OF LAWS OF SOUTH
On motion of Senator GROOMS, with unanimous consent, the Bill was carried over.
H. 4320 (Word version) -- Rep. McLeod: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO SECTION 1, ARTICLE X OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO THE CLASSIFICATION OF PROPERTY AND APPLICABLE ASSESSMENT RATIOS FOR PURPOSES OF PROPERTY TAX, SO AS TO DELETE THE SPECIFIC LIMIT OF TEN SHAREHOLDERS FOR A CORPORATION TO BE ELIGIBLE FOR A FOUR PERCENT ASSESSMENT RATIO ON ITS AGRICULTURAL REAL PROPERTY AND PROVIDE THAT THE GENERAL ASSEMBLY SHALL PROVIDE BY LAW THE MAXIMUM NUMBER OF SHAREHOLDERS FOR A CORPORATION TO BE ELIGIBLE FOR SUCH AN ASSESSMENT RATIO.
On motion of Senator GROOMS, with unanimous consent, the Resolution was carried over.
H. 4740 (Word version) -- Reps. Miller, Hayes, J.E. Smith, Altman, Anthony, Battle, Bowers, Branham, Ceips, Clark, Clemmons, Clyburn, Frye, Gourdine, Hagood, Harrison, Herbkersman, Whipper, M. Hines, Hinson, Hosey, Keegan, Leach, Littlejohn, Lloyd, Ott, Rhoad, Rice, Richardson, Scarborough, Snow, Stille, Taylor, Townsend, Vaughn, Whitmire, Witherspoon and Young: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO ENACT THE "SOUTH CAROLINA SAFE ROUTES TO SCHOOLS ACT" BY ADDING SECTION 59-17-150 SO AS TO PROVIDE THAT MUNICIPAL AND COUNTY GOVERNING BODIES SHALL WORK WITH SCHOOL DISTRICTS LOCATED IN THEIR JURISDICTIONS TO IDENTIFY BARRIERS AND HAZARDS TO CHILDREN WALKING OR BICYCLING TO AND FROM SCHOOL, TO PROVIDE THAT THE MUNICIPALITIES, COUNTIES, AND DISTRICTS MAY DEVELOP A PLAN FOR THE FUNDING OF IMPROVEMENTS DESIGNED TO REDUCE THE
On motion of Senator SETZLER, with unanimous consent, the Bill was carried over.
H. 5243 (Word version) -- Rep. Harrell: A BILL TO AMEND SECTION 59-123-60, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POWERS OF THE MEDICAL UNIVERSITY HOSPITAL AUTHORITY, SO AS TO PROVIDE FOR THE ISSUANCE OF HOSPITAL REVENUE BONDS IN AN AMOUNT UP TO FIVE MILLION DOLLARS ONLY UPON RESOLUTION OF APPROVAL BY THE STATE BUDGET AND CONTROL BOARD, AND NOT PURSUANT TO OTHER APPROVAL PROCEDURES.
On motion of Senator BRANTON, with unanimous consent, the Bill was carried over.
H. 5002 (Word version) -- Reps. Cato and Tripp: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 38-90-35 SO AS TO PROVIDE FOR CONFIDENTIALITY OF INFORMATION SUBMITTED BY A CAPTIVE INSURANCE COMPANY PURSUANT TO THE PROVISIONS OF CHAPTER 90, TITLE 38 AND TO PROVIDE EXCEPTIONS; TO AMEND SECTION 38-87-30, RELATING TO CHARTERING RISK RETENTION GROUPS, SO AS TO REQUIRE A CAPTIVE INSURANCE COMPANY TO COMPLY WITH THESE PROVISIONS; TO AMEND SECTION 38-90-10, AS AMENDED, RELATING TO DEFINITIONS USED IN CONNECTION WITH A CAPTIVE INSURANCE COMPANY, SO AS TO CHANGE THE DEFINITIONS OF "INDUSTRIAL INSURED GROUP" AND "PARENT"; TO AMEND SECTION 38-90-20, AS AMENDED, RELATING TO LICENSING A CAPTIVE INSURANCE COMPANY BY THE DIRECTOR OF INSURANCE, SO AS TO AUTHORIZE A
The Senate proceeded to a consideration of the Bill, the question being the adoption of the amendment proposed by the Committee on Banking and Insurance.
The Committee on Banking and Insurance proposed the following amendment (DKA\3971DW04), which was adopted:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. A. Section 38-43-100(A), (B), (F), and (J) of the 1976 Code, as last amended by Act 73 of 2003, is further amended to read:
"(A) Business may not be done by the applicant except following issuance of a producer's license, and the license may not be issued until the director or his designee has determined that the applicant is qualified as an insurance producer, generally, and is particularly qualified for the line of business in which the applicant proposes to engage. The department shall promulgate regulations setting forth qualifying standards of producers as to all lines of business and shall require the producer applicant to stand a written examination. For the purpose of interstate reciprocity, the department shall identify by bulletin which limited lines or limited lines credit insurance are approved in South Carolina and which are exempt from examination. The director or his designee may waive the examination with respect to for an applicant who receives a bachelor's degree in insurance within five years of an application for licensure. The director or his designee also may waive the examination for property, casualty, surety, and marine lines of authority for applicants who have achieved the designations of Certified Insurance Counselor (CIC) or Chartered Property and Casualty Underwriter (CPCU) or. The director or his designee also may waive the examination for life, accident, and health lines of authority for applicants who have achieved the designation of or Chartered Life Underwriter (CLU), Fellow, Life Management
(B) A resident individual applying for an insurance producer license shall pass a written an examination unless exempt pursuant to subsection (A) of this section. The examination shall must test the knowledge of the individual concerning the lines of authority for which application is made, the duties and responsibilities of an insurance producer, and the insurance laws and regulations of this State. Examinations The examination required by this section must be developed and conducted under rules and regulations prescribed by the director or his designee.
(F) A person applying for a resident insurance producer license or a person applying on behalf of the applicant shall make application to the director or his designee on the Uniform Application and declare under penalty of refusal, suspension, or revocation of the license that the statements made in the application are true, correct, and complete to the best of the individual's applicant's knowledge and belief. Before approving the application, the director or his designee shall find that the individual applicant:
(1) is at least eighteen years of age;
(2) has not committed any act is a person of good moral character and has not been convicted of a felony or any crime involving moral turpitude within the last ten years that is a ground for denial, suspension, or revocation set forth as provided for in Section 38-43-130;
(3) has completed a prelicensing course of study for the lines of insurance for which the person has applied;
(4) has paid the fees set forth in Section 38-43-80; and
(5) has successfully passed the examination or examinations for the line or lines of insurance for which the person has applied.
(J) Each insurer that sells, solicits, or negotiates any form of limited line credit insurance shall provide to each individual whose duties
B. This section takes effect January 1, 2005.
SECTION 2. A. Section 38-43-101 of the 1976 Code, as added by Act 323 of 2002, is amended by adding:
"(C) A person applying for a nonresident insurance producer license or a person applying on behalf of the applicant shall make application to the director or his designee on the uniform application and declare under penalty of refusal, suspension, or revocation of the license that the statements made in the application are true, correct, and complete to the best of the applicant's knowledge and belief."
B. This section takes effect January 1, 2005.
SECTION 3. A. Section 38-43-105(A) and (D) of the 1976 Code, as last amended by Act 323 of 2002, is further amended to read:
"(A) No An applicant may not be licensed as a local or general producer unless, within two years immediately preceding the date of his licensing, he has:
(1) successfully completed classroom or correspondence courses in insurance approved by the director or his designee consisting of no less than forty classroom hours, or forty self-study hours; or
(2) had at least one year of insurance underwriting or marketing experience as an employee of a producer, insurer, or their managers or general producers in all lines of insurance for which he is making application to be licensed;
(3) received a bachelor's degree in insurance within five years of an application for licensure;
(4) achieved one of the following designations: Chartered Life Underwriter (CLU), Fellow, Life Management Institute (FLMI), Certified Financial Planner (CFP), Life Underwriter Training Council Fellow (LUTCF), Registered Health Underwriter (RHU), Registered Employee Benefit Consultant (REBC), or Chartered Financial Consultant (CHFC) if applying for a Life, Accident, and Health license; or
(5) achieved the designation of Chartered Property and Casualty Underwriter (CPCU) or Certified Insurance Counselor (CIC) if applying for a Property, Casualty, Surety, and Marine license.
(D) Any A correspondence course approved by the director or his designee shall qualify for the equivalency of the number of classroom hours assigned thereto to it by the director or his designee. Any An applicant taking a prelicensing education course by correspondence in
B. This section takes effect January 1, 2005.
SECTION 4. A. Section 38-43-106(A) of the 1976 Code, as last amended by Act 323 of 2002, is further amended by adding:
"(3) However, a licensed resident producer who has obtained one of the following designations may use the credit hours earned to maintain the designation toward the fulfillment of the twenty-four hour requirement: Chartered Life Underwriter (CLU), Fellow, Life Management Institute (FLMI), Certified Financial Planner (CFP), Life Underwriter Training Council Fellow (LUTCF), Registered Health Underwriter (RHU), Registered Employee Benefit Consultant (REBC), or Chartered Financial Consultant (CHFC) if applying for a Life, Accident, and Health license, or Chartered Property and Casualty Underwriter (CPCU) or Certified Insurance Counselor (CIC) if applying for a Property, Casualty, Surety, and Marine license."
B. This section takes effect January 1, 2005.
SECTION 5. A. Section 38-43-106(C)(1) of the 1976 Code, as last amended by Act 323 of 2002, is further amended to read:
"(1) The director or his designee shall administer these continuing education requirements and shall approve courses of instruction which qualify for these purposes. However, the director may enter into reciprocal agreements with the insurance commissioners of other states regarding the approval of continuing education courses, sponsors, instructors, or proctors if, in his judgment, the arrangements or agreements are in the best interest of the State and if the proposed courses, sponsors, instructors, or proctors submitted meet the minimum statutory requirements of this State for approval. However, the director or his designee may not enter into or continue a reciprocal agreement unless the other state has requirements similar to this State in approving courses, sponsors, instructors, or proctors. In administering this program, the department, in its discretion, may promulgate regulations whereby producers provide to a continuing education administrator established within the Department of Insurance proof of compliance with continuing education requirements as a condition of license renewal or, in the alternative, contract with an outside service provider to provide recordkeeping services as the continuing education administrator. The costs of the continuing education administrator must be paid from the continuing insurance education fees paid by producers in the manner provided by this section, except that course
B. This section takes effect July 1, 2004.
SECTION 6. A. Section 38-43-106(C)(2) and (3) of the 1976 Code, as last amended by Act 323 of 2002, is further amended to read:
"(2) The department may promulgate regulations prescribing the overall parameters of continuing education requirements, and these regulations shall must expressly authorize the director or his designee to recognize product-specific training offered by insurers. The director shall appoint an advisory committee to make recommendations with respect to courses offered for approval, but the director or his designee shall retain authority with respect to course approvals. When the advisory committee is approved, it shall meet regularly as needed, but no less than semiannually, to review new course applications. Also, the advisory committee shall review modifications of courses previously approved and review previously promulgated regulations to make recommendations regarding any need for modifications, deletions, or new regulations. The advisory committee must be comprised of sixteen representatives. In making these appointments, the director may accept nominations for qualified individuals from the Professional Insurance Agents of South Carolina; the Independent Insurance Agents of South Carolina; the South Carolina Association of Automobile Insurance Agents; the South Carolina Association of Insurance and Financial Advisers; the Association of South Carolina Life Insurance Companies; the Direct Writers Insurance Companies; insurers that are not members of any national insurance trade association; and any other individual, group, or trade or professional association.
(3) Vacancies A vacancy on the advisory committee must be published in newspapers of general, statewide circulation. Each
B. This section takes effect January 1, 2005.
SECTION 7. A. Section 38-43-106(H) of the 1976 Code, as last amended by Act 323 of 2002, is further amended to read:
"(H) A licensed producer reaching the age of fifty-five, for any lines of authority for which he has a minimum of twenty years of continuous licensure, is exempted from the requirements of this section as to the line or lines which are otherwise subject to the provisions of this section is required biennially to complete twelve hours of continuing education. A licensed producer, reaching the age of sixty for any lines of authority for which he has a minimum of twenty twenty-five years of active licensure, is exempted from the requirements of this section as to the line or lines which are otherwise subject to the provisions of this section required biennially to complete twelve hours of continuing education. A licensed producer, for any lines of authority for which he has been continuously licensed for ten years and has achieved one of the following designations, is required biennially to complete twelve hours of continuing education: Chartered Life Underwriter (CLU), Fellow, Life Management Institute (FLMI), Certified Financial Planner (CFP), Registered Health Underwriter (RHU), Registered Employee Benefit Consultant (REBC), Life Underwriter Training Council Fellow (LUTCF), or Chartered Financial Consultant (CHFC) if applying for a Life, Accident, and Health license, or Chartered Property and Casualty Underwriter (CPCU) or Certified Insurance Counselor (CIC) if applying for a Property, Casualty, Surety, and Marine license. A multiline producer shall complete a minimum of six hours of continuing education for each line of authority. A producer who is exempt from continuing education requirements before the effective date of this section, shall maintain the total exemption from continuing education requirements."
B. This section takes effect May 1, 2006.
SECTION 8. A. Section 38-43-107(A) of the 1976 Code, as last amended by Act 323 of 2002, is further amended to read:
"(A) When If an individual applies for an insurance producer's license he shall supply the department his business, mailing, and residence street address. The producer shall notify the department within thirty days of any change in legal name or in these addresses."
B. This section takes effect January 1, 2005.
SECTION 9. A. Section 38-43-200 of the 1976 Code, as last amended by Act 323 of 2002, is further amended by deleting subsection (I) which reads:
"(I) An insurer or insurance producer may pay or assign commissions, service fees, brokerages, or other valuable consideration to an insurance agency or to persons who do not sell, solicit, or negotiate insurance in this State, unless the payment would violate the procedures as outlined under Chapter 57 of Title 38."
B. This section takes effect January 1, 2005.
SECTION 10. Section 38-44-20(3)(a) of the 1976 Code is amended to read:
"(a) 'Managing general agent', MGA, means a person who:
(i) manages all or part of the insurance business of an insurer, including the management of a separate division, department, or underwriting office; and
(ii) acts as an agent for the insurer whether known as a MGA, a manager, or another similar term;, who
(iii) with or without the authority, either separately or together with affiliates, produces, directly or indirectly, and underwrites an amount of gross direct written premium equal to or more than five percent of the policyholder surplus as reported in the last annual statement of the insurer in one quarter or year with one or both of the following activities related to the business produced:
a. adjusts or pays claims in excess of five thousand dollars;
b. negotiates ceding reinsurance contracts on behalf of the insurer."
SECTION 11. Section 38-45-20(2) of the 1976 Code, as last amended by Act 73 of 2003, is further amended to read:
"(2) successful completion of classroom insurance courses approved by the director or his designee consisting of no less than twelve classroom hours, which must be in addition to the requirements for a producer license contained in Section 38-43-105. The course subjects must be related to broker or surplus lines activities as approved by the director or his designee. A course certificate must be issued to each course participant upon successful completion of the course requirements. The certificate expires twenty-four months following the date of issuance. A request for licensure submitted to the department after the expiration date of the certificate is considered invalid for purposes of licensure as a broker;"
SECTION 12. Section 38-77-155 of the 1976 Code is amended to read:
"Section 38-77-155. The director shall distribute monies annually from the Uninsured Motorists Fund among the several insurers writing motor vehicle bodily injury and property damage liability insurance on motor vehicles registered in this State. Monies must be distributed in the proportion that each insurer's premium income for the basic uninsured motorists limits auto liability coverage bears to the total premium income for basic uninsured motorists limits auto liability coverage written in this State during the preceding year. Premium income must be gross premiums less cancellation and return premiums for coverage required by Section 38-77-150. Only insurers that maintain records satisfactory to the director shall receive any payment from the Uninsured Motorists Fund. Records must be considered satisfactory if they adequately disclose the loss experience for the coverage. The director shall obtain premium information from the annual statement filed by each insurer."
SECTION 13. Chapter 90, Title 38 of the 1976 Code is amended by adding:
"Section 38-90-35. Information submitted pursuant to the provisions of this chapter is confidential and may not be made public by the director or an agent or employee of the director without the written consent of the company, except that:
(1) information may be discoverable by a party in a civil action or contested case to which the submitting captive insurance company is a party, upon a showing by the party seeking to discover the information that:
(a) the information sought is relevant to and necessary for the furtherance of the action or case;
(b) the information sought is unavailable from other nonconfidential sources; or
(c) a subpoena issued by a judicial or administrative law officer of competent jurisdiction has been submitted to the director; and
(2) the director may disclose the information to the public officer having jurisdiction over the regulation of insurance in another state if:
(a) the public official agrees in writing to maintain the confidentiality of the information; and
(b) the laws of the state in which the public official serves require the information to be confidential."
SECTION 14. Section 38-87-30(A) of the 1976 Code is amended to read:
"(A) A risk retention group must, pursuant to the provisions of this title, must be chartered and licensed to write only liability insurance
SECTION 15. Section 38-90-10(3) of the 1976 Code, as last amended by Act 73 of 2003, is further amended to read:
"(3) 'Association' means a legal association of individuals, corporations, limited liability companies, partnerships, political subdivisions, or associations that has been in continuous existence for at least one year:
(a) the member organizations of which collectively, or which does itself:
(i) own, control, or hold with power to vote all of the outstanding voting securities of an association captive insurance company incorporated as a stock insurer or organized as a limited liability company; or
(ii) have complete voting control over an association captive insurance company organized as a mutual insurer; or
(b) the member organizations of which collectively constitute all of the subscribers of an association captive insurance company formed as a reciprocal insurer."
SECTION 16. Section 38-90-10(18) and (20) of the 1976 Code, as last amended by Act 73 of 2003, is further amended to read:
"(18) 'Industrial insured group' means a group that meets either of the following criteria:
(a) a group of industrial insureds that collectively:
(i) own, control, or hold with power to vote all of the outstanding voting securities of an industrial insured captive insurance company incorporated as a stock insurer or limited liability company; or
(ii) have complete voting control over an industrial insured captive insurance company incorporated as a mutual insurer; or
(b) a group which is created under the Liability Risk Retention Act of 1986 15 U.S.C. Section 3901, et seq., as amended, and Chapter 87, Title 38, as a corporation or other limited liability association taxable as a stock insurance company or a mutual insurer under this title.
(20) 'Parent' means any corporation, limited liability company, partnership, or individual that directly or indirectly owns, controls, or holds with power to vote more than fifty percent of the outstanding voting securities interests of a captive insurance company."
SECTION 17. Section 38-90-20(B) and (C) of the 1976 Code, as last amended by Act 73 of 2003, is further amended to read:
"(B) To conduct insurance business in this State a captive insurance company shall:
(1) obtain from the director a license authorizing it to conduct insurance business in this State;
(2) hold at least one board of director's meeting, or in the case of a reciprocal insurer, a subscriber's advisory committee meeting, or in the case of a limited liability company a meeting of the managing board, each year in this State;
(3) maintain its principal place of business in this State, or in the case of a branch captive insurance company, maintain the principal place of business for its branch operations in this State; and
(4) appoint a resident registered agent to accept service of process and to otherwise act on its behalf in this State. In the case of a captive insurance company:
(a) formed as a corporation, a nonprofit corporation, or a limited liability company, whenever the registered agent cannot with reasonable diligence be found at the registered office of the captive insurance company, the director must be an agent of the captive insurance company upon whom any process, notice, or demand may be served;
(b) formed as a reciprocal insurer, whenever the registered agent cannot with reasonable diligence be found at the registered office of the captive insurance company, the director must be an agent of the captive insurance company upon whom any process, notice, or demand may be served.
(C)(1) Before receiving a license, a captive insurance company:
(a) formed as a corporation or a nonprofit corporation, shall file with the director a certified copy of its charter articles of incorporation and bylaws, a statement under oath of its president and secretary showing its financial condition, and any other statements or documents required by the director;
(b) formed as a limited liability company, shall file with the director a certified copy of its articles of organization and operating agreement, a statement under oath by its managers showing its financial
(c) formed as a reciprocal shall:
(i) file with the director a certified copy of the power of attorney of its attorney-in-fact, a certified copy of its subscribers' agreement, a statement under oath of its attorney-in-fact showing its financial condition, and any other statements or documents required by the director; and
(ii) submit to the director for approval a description of the coverages, deductibles, coverage limits, and rates and any other information the director may reasonably require. If there is a subsequent material change in an item in the description, the reciprocal captive insurance company shall submit to the director for approval an appropriate revision and may not offer any additional kinds of insurance until a revision of the description is approved by the director. The reciprocal captive insurance company shall inform the director of any material change in rates within thirty days of the adoption of the change.
(2) In addition to the information required by (C) item (1), an applicant captive insurance company shall file with the director evidence of:
(a) the amount and liquidity of its assets relative to the risks to be assumed;
(b) the adequacy of the expertise, experience, and character of the person or persons who will manage it;
(c) the overall soundness of its plan of operation;
(d) the adequacy of the loss prevention programs of its parent, member organizations, or industrial insureds as applicable; and
(e) such other factors considered relevant by the director in ascertaining whether the proposed captive insurance company will be able to meet its policy obligations.
(3) In addition to the information required by (C) items (1) and (C)(2) an applicant sponsored captive insurance company shall file with the director:
(a) a business plan demonstrating how the applicant will account for the loss and expense experience of each protected cell at a level of detail found to be sufficient by the director, and how it will report the experience to the director;
(b) a statement acknowledging that all financial records of the sponsored captive insurance company, including records pertaining to
(c) all contracts or sample contracts between the sponsored captive insurance company and any participants; and
(d) evidence that expenses will be allocated to each protected cell in an equitable manner.
(4) Information submitted pursuant to this subsection section is confidential and may not be made public by the director or an agent or employee of the director without the written consent of the company, as provided in Section 38-90-35 except that:
(a) information may be is discoverable by a party in a civil action or contested case to which the captive insurance company that submitted the information is a party, upon a showing by the party seeking to discover the information specific finding by the court that:
(a) the captive is a necessary party to the action and not joined only for the purposes of evading the confidentiality provisions of this chapter;
(i)(b) the information sought is relevant, material to, and necessary for the furtherance of the action or case prosecution or defense of the claim asserted in litigation; and
(ii)(c) the information sought is unavailable from other nonconfidential sources not available through another source; and.
(iii) a subpoena issued by a judicial or administrative officer of competent jurisdiction has been submitted to the director; however, the provisions of subsection (C)(4) do not apply to an industrial insured captive insurance company insuring the risks of an industrial insured group; and
(b) the director may disclose the information to a public officer having jurisdiction over the regulation of insurance in another state if:
(i) the public official agrees in writing to maintain the confidentiality of the information; and
(ii) the laws of the state in which the public official serves require the information to be confidential."
SECTION 18. Section 38-90-20(F) of the 1976 Code, as last amended by Act 228 of 2002, is further amended to read:
"(F) The terms and conditions set forth in Section 38-5-170 apply in full to captive insurance companies licensed under this chapter. A foreign or alien captive insurance company, upon approval of the director or his designee, may become a domestic captive insurance company by complying with all of the requirements of law relative to the organization and licensing of a domestic captive insurance company
SECTION 19. Section 38-90-25(E) and (F), as added by Act 58 of 2001, is amended to read:
"(E) Information submitted pursuant to this section is confidential and may not be made public by the director or an agent or employee of the director without the written consent of the company as provided in Section 38-90-35, except that:
(1) information may be is discoverable by a party in a civil action or contested case to which the submitting captive reinsurance insurance company that submitted the information is a party, upon a showing by the party seeking to discover the information finding by the court that:
(1) the captive is a necessary party to the action and not joined only for the purposes of evading the confidentiality provisions of this chapter;
(a)(2) the information sought is relevant, material to, and necessary for the furtherance of the action or case prosecution or defense of the claim asserted in litigation; and
(b)(3) the information sought is unavailable from other nonconfidential sources not available through another source;.
(c) a subpoena issued by a judicial or administrative law officer of competent jurisdiction has been submitted to the director; and
(2) the director may disclose the information to the public officer having jurisdiction over the regulation of insurance in another state if:
(a) the public official agrees in writing to maintain the confidentiality of the information; and
(b) the laws of the state in which the public official serves require the information to be confidential.
(F) The provisions of subsection (E) do not apply to an industrial insured captive reinsurance company insuring the risks of an industrial insured group."
SECTION 20. Section 38-90-40 of the 1976 Code, as last amended by Act 73 of 2003, is further amended to read:
"Section 38-90-40. (A)(1) The director may not issue a license to a captive insurance company unless the company possesses and maintains unimpaired paid-in capital of:
(1)(a) in the case of a pure captive insurance company, not less than one hundred thousand dollars;
(2)(b) in the case of an association captive insurance company incorporated as a stock insurer or organized as a limited liability company, not less than four hundred thousand dollars;
(3)(c) in the case of an industrial insured captive insurance company incorporated as a stock insurer or organized as a limited liability company, not less than two hundred thousand dollars;
(4)(d) in the case of a sponsored captive insurance company, not less than five hundred thousand dollars; however, if the sponsored captive insurance company does not assume any risk, the risks insured by the protected cells are homogeneous and there are no more than ten cells, the director may reduce this amount to an amount not less than one hundred fifty thousand dollars;
(5)(e) in the case of a special purpose captive insurance company, an amount determined by the director after giving due consideration to the company's business plan, feasibility study, and pro-formas, including the nature of the risks to be insured.
(2)(a) Except for a sponsored captive insurance company that does not assume any risk, the capital may must be in the form of cash, cash equivalent, or an irrevocable letter of credit issued by a bank chartered by this State or a member bank of the Federal Reserve System with a branch office in this State and or as approved by the director.
(b) For a sponsored captive insurance company that does not assume any risk, the capital also may be in the form of other high quality securities as approved by the director.
(B)(1) The director may not issue a license to a captive insurance company incorporated as a nonprofit corporation unless the company possesses and maintains unrestricted net assets of:
(a) in the case of a pure captive insurance company, not less than two hundred fifty thousand dollars; and
(b) in the case of a special purpose captive insurance company, an amount determined by the director after giving due consideration to the company's business plan, feasibility study, and pro-formas, including the nature of the risks to be insured.
(2) Contributions to a captive insurance company incorporated as a nonprofit corporation must in the form of cash, cash equivalent, or an irrevocable letter of credit issued by a bank chartered by this State or a member bank of the Federal Reserve System with a branch office in this State or as approved by the director.
(C) The director may prescribe additional capital or net assets based upon the type, volume, and nature of insurance business transacted. This Contributions in connection with these prescribed additional net assets or capital may be in the form of an irrevocable letter of credit issued by a bank chartered by this State or a member bank of the Federal Reserve System with a branch office in this State or as approved by the director.
(C)(D) In the case of a branch captive insurance company, as security for the payment of liabilities attributable to branch operations, the director shall require that a trust fund, funded by an irrevocable letter of credit or other acceptable asset, be established and maintained in the United States for the benefit of United States policyholders and United States ceding insurers under insurance policies issued or reinsurance contracts issued or assumed, by the branch captive insurance company through its branch operations. The amount of the security may be no less than the capital and surplus required by this chapter and the reserves on these insurance policies or reinsurance contracts, including reserves for losses, allocated loss adjustment expenses, incurred but not reported losses and unearned premiums with regard to business written through branch operations; however, the director may permit a branch captive insurance company that is required to post security for loss reserves on branch business by its reinsurer to reduce the funds in the trust account required by this section by the same amount so long as the security remains posted with the reinsurer. If the form of security selected is a letter of credit, the letter of credit must be established by, or issued or confirmed by, a bank chartered in this State or a member bank of the Federal Reserve System.
(D)(E)(1) A captive insurance company may not pay a dividend out of, or other distribution with respect to, capital or surplus, in excess of the limitations set forth in Section 38-21-250 through Section 38-21-270, without the prior approval of the director. Approval of an
(2) A captive insurance company incorporated as a nonprofit corporation may not make any distributions without the prior approval of the director.
(F) An irrevocable letter of credit, which is issued by a financial institution other than a bank chartered by this State or a member bank of the Federal Reserve System, shall meet the same standards as an irrevocable letter of credit which has been issued by either entity."
SECTION 21. Section 38-90-50 of the 1976 Code, as last amended by Act 73 of 2003, is further amended to read:
"Section 38-90-50. (A)(1) The director may not issue a license to a captive insurance company unless the company possesses and maintains free surplus of:
(1)(a) in the case of a pure captive insurance company, not less than one hundred fifty thousand dollars;
(2)(b) in the case of an association captive insurance company incorporated as a stock insurer or organized as a limited liability company, not less than three hundred fifty thousand dollars;
(3)(c) in the case of an industrial insured captive insurance company incorporated as a stock insurer or organized as a limited liability company, not less than three hundred thousand dollars;
(4)(d) in the case of an association captive insurance company incorporated as a mutual insurer, not less than seven hundred fifty thousand dollars;
(5)(e) in the case of an industrial insured captive insurance company incorporated as a mutual insurer, not less than five hundred thousand dollars;
(6)(f) in the case of a sponsored captive insurance company, not less than five hundred thousand dollars; however, if the sponsored captive insurance company does not assume any risk, the risks insured by the protected cells are homogeneous and there are no more than ten cells, the director may reduce this amount to an amount not less than one hundred fifty thousand dollars; and
(7)(g) in the case of a special purpose captive insurance company, an amount determined by the director after giving due consideration to the company's business plan, feasibility study, and pro-formas, including the nature of the risks to be insured.
(2)(a) Except for a sponsored captive insurance company that does not assume any risk, the surplus may must be in the form of cash, cash equivalent, or an irrevocable letter of credit issued by a bank chartered by this State or a member bank of the Federal Reserve System with the branch office in this State and approved by the director.
(b) For a sponsored captive insurance company that does not assume any risk, the surplus also may be in the form of other high quality securities as approved by the director.
(B) Notwithstanding the requirements of subsection (A) a captive insurance company organized as a reciprocal insurer under this chapter may not be issued a license unless it possesses and thereafter maintains free surplus of one million dollars.
(C) The director may prescribe additional surplus based upon the type, volume, and nature of insurance business transacted. This capital may be in the form of an irrevocable letter of credit issued by a bank chartered by this State, or a member bank of the Federal Reserve System with a branch in this State or as approved by the director.
(D) A captive insurance company may not pay a dividend out of, or other distribution with respect to, capital or surplus in excess of the limitations set forth in Section 38-21-270, without the prior approval of the director. Approval of an ongoing plan for the payment of dividends or other distribution must be conditioned upon the retention, at the time of each payment, of capital or surplus in excess of amounts specified by, or determined in accordance with formulas approved by, the director.
(E) An irrevocable letter of credit, which is issued by a financial institution other than a bank chartered by this State or a member bank of the Federal Reserve System, shall meet the same standards as an irrevocable letter of credit which has been issued by either entity."
SECTION 22. Section 38-90-60(A), (D), (E), (I), (L), and (M) of the 1976 Code, as last amended by Act 73 of 2003, is further amended to read:
"(A) A pure captive insurance company or a sponsored captive insurance company may be:
(1) incorporated as a stock insurer with its capital divided into shares and held by the stockholders; or
(2) incorporated as a public benefit, mutual benefit, or religious nonprofit corporation with members in accordance with the South Carolina Nonprofit Corporation Act of 1994; or
(3) organized as a limited liability company with its capital divided into capital accounts and held by its members.
(D) In the case of a captive insurance company formed as a corporation, a nonprofit corporation, or a limited liability company, before the articles of incorporation or articles of organization are transmitted to the Secretary of State, the incorporators or organizers shall petition the director to issue a certificate setting forth a finding that the establishment and maintenance of the proposed entity will promote the general good of the State. In arriving at this finding the director shall consider:
(1) the character, reputation, financial standing, and purposes of the incorporators or organizers;
(2) the character, reputation, financial responsibility, insurance experience, and business qualifications of the officers and directors or managers; and
(3) other aspects as the director considers advisable.
(E) The articles of incorporation or articles of organization, the certificate issued pursuant to subsection (D), and the organization fees required by Section 33-1-220, 33-31-122, or 33-44-1204, as applicable, must be transmitted to the Secretary of State, who shall record both the articles of incorporation or articles of organization and the certificate.
(I) In the case of a captive insurance company formed as a corporation or a nonprofit corporation, at least one of the members of the board of directors of a captive insurance company incorporated in this State must be a resident of this State.
(L) A captive insurance company formed as a corporation, a nonprofit corporation, or a limited liability company, pursuant to the provisions of this chapter has the privileges and is subject to the provisions of the general corporation law, including the South Carolina Nonprofit Corporation Act of 1994 for nonprofit corporations and the South Carolina Uniform Limited Liability Company Act of 1996 for limited liability companies, as applicable, as well as the applicable provisions contained in this chapter. If a conflict occurs between a provision of the general corporation law, including the South Carolina Nonprofit Corporation Act of 1994 for nonprofit corporations and the South Carolina Uniform Limited Liability Company Act of 1996 for limited liability companies, as applicable, and a provision of this chapter, the latter controls. The provisions of this title pertaining to mergers, consolidations, conversions, mutualizations, and redomestications apply in determining the procedures to be followed by a captive insurance company in carrying out any of the transactions
(M)(1) A captive insurance company formed as a reciprocal insurer pursuant to the provisions of this chapter has the privileges and is subject to Chapter 17 in addition to the applicable provisions of this chapter. If a conflict occurs between the provisions of Chapter 17 and the provisions of this chapter, the latter controls. To the extent a reciprocal insurer is made subject to other provisions of this title pursuant to Chapter 17, the provisions are not applicable to a reciprocal insurer formed pursuant to the provisions of this chapter unless the provisions are expressly made applicable to a captive insurance company pursuant to the provisions of this chapter.
(2) In addition to the provisions of item (1), a captive insurance company organized as a reciprocal insurer that is an industrial insured group has the privileges and is subject to the provisions of Chapter 17 in addition to applicable provisions of this title."
SECTION 23. Section 38-90-70(B) of the 1976 Code, as last amended by Act 58 of 2001, is further amended to read:
"(B) Before March first of each year, a captive insurance company or a captive reinsurance company shall submit to the director a report of its financial condition, verified by oath of two of its executive officers. Except as provided in Sections 38-90-40 and 38-90-50, a captive insurance company or a captive reinsurance company shall report using generally accepted accounting principles, unless the director approves the use of statutory accounting principles, with useful or necessary modifications or adaptations required or approved or accepted by the director for the type of insurance and kinds of insurers to be reported upon, and as supplemented by additional information required by the director. Except as otherwise provided, an association captive insurance company and an industrial insured group shall file its report in the form required by Section 38-13-80, and each industrial insured group shall comply with the requirements set forth in Section 38-13-85. The director by regulation shall prescribe the forms in which pure captive insurance companies and industrial insured captive insurance companies shall report. Information submitted pursuant to this section is confidential as provided in Section 38-90-35, except for reports submitted by a captive insurance company formed as a Risk
SECTION 24. Section 38-90-80(B) of the 1976 Code is amended to read:
"(B) All examination reports, preliminary examination reports or results, working papers, recorded information, documents and copies of documents produced by, obtained by, or disclosed to the director or any other person in the course of an examination made under this section are confidential and are not subject to subpoena and may not be made public by the director or an employee or agent of the director without the prior written consent of the company, except to the extent provided in this subsection.
(1) Nothing in this subsection prevents the director from using this information in furtherance of the director's regulatory authority under this title.
(2) The director may grant access to this information to public officers having jurisdiction over the regulation of insurance in any other state or country, or to law enforcement officers of this State or any other state or agency of the federal government at any time, so long as the officers receiving the information agree in writing to hold it in a manner consistent with this section.
(3) The confidentiality provisions of this subsection do not extend to final reports produced by the director in inspecting or examining a captive insurance company formed as a Risk Retention Group under the Product Liability Risk Retention Act of 1986, 15 U.S.C. Section 3901 et seq., as amended."
SECTION 25. Section 38-90-140(F) of the 1976 Code is amended to read:
"(F) For the purposes of this section, 'common ownership and control' means:
(1) in the case of stock corporations or limited liability companies, the direct or indirect ownership of eighty percent or more of the outstanding voting stock or membership interests of two or more corporations or limited liability companies by the same person or entity; and
(2) in the case of nonprofit corporations, the direct or indirect ownership of eighty percent or more of the voting power of two or more nonprofit corporations by the same member or members; and
(3) in the case of mutual corporations, the direct or indirect ownership of eighty percent or more of the surplus and the voting power of two or more corporations by the same member or members."
SECTION 26. Section 38-90-180(A) of the 1976 Code, as last amended by Act 82 of 2001, is further amended to read:
"(A) Except as otherwise provided in this section, the terms and conditions set forth in Chapters 26 and 27 in this title pertaining to insurance reorganizations, receiverships, and injunctions apply in full to captive insurance companies formed or licensed under this chapter."
SECTION 27. Sections 38-90-10 through 38-90-240 of the 1976 Code are designated Article 1, Chapter 90, Title 38 of the 1976 Code and entitled "Captive Insurance Companies".
SECTION 28. Chapter 90, Title 38 of the 1976 Code is amended by adding:
Special Purpose Financial Captives
Section 38-90-410. This article provides for the creation of Special Purpose Financial Captives (SPFCs) exclusively to facilitate the securitization of one or more risks, as a means of accessing alternative sources of capital and achieving the benefits of securitization. SPFCs are created for the limited purpose of entering into a SPFC contract and insurance securitization transactions and into related agreements to facilitate the accomplishment and execution of those transactions. The creation of SPFCs is intended to achieve greater efficiencies in structuring and executing insurance securitizations, to diversify and broaden insurers' access to sources of capital, to facilitate access for many insurers to insurance securitization and capital markets financing technology, and to further the economic development and expand the interest of the State of South Carolina through its captive insurance program.
Section 38-90-420. For purposes of this article:
(1) 'Affiliated company' means a company in the same corporate system as a parent, by virtue of common ownership, control, operation, or management.
(2) 'Control', including the terms 'controlling', 'controlled by' and 'under common control with', means the possession, direct or indirect, of the power to direct or cause the direction of the management and policies of a person, whether through the ownership of voting securities, by contract other than a commercial contract for goods or nonmanagement services, or otherwise, unless the power is the result of an official position with or corporate office held by the person. Control must be presumed to exist if a person, directly or indirectly, owns, controls, holds with the power to vote, or holds proxies representing ten percent or more of the voting securities of another person. This
(3) 'Counterparty' means a SPFC's parent or affiliated company, as ceding insurer to the SPFC contract, or subject to the prior approval of the director, a nonaffiliated company.
(4) 'Director' means the Director of the South Carolina Department of Insurance or the director's designee.
(5) 'Department' means the South Carolina Department of Insurance.
(6) 'Fair value' means:
(a) as to cash, the amount of it; and
(b) as to an asset other than cash:
(i) the amount at which that asset could be bought or sold in a current transaction between arms-length, willing parties;
(ii) the quoted mid-market price for the asset in active markets must be used if available; and
(iii) if quoted mid-market prices are not available, a value determined using the best information available considering values of similar assets and other valuation methods, such as present value of future cash flows, historical value of the same or similar assets, or comparison to values of other asset classes, the value of which have been historically related to the subject asset.
(7) 'Insolvency' or 'insolvent' means that the SPFC is unable to pay its obligations when they are due, unless those obligations are the subject of a bona fide dispute.
(8) 'Insurance securitization' means a package of related risk transfer instruments, capital market offerings, and facilitating administrative agreements by which proceeds are obtained by a SPFC directly or indirectly through the issuance of securities, which complies with applicable securities law, and which proceeds are held in trust pursuant to the provisions of this article to secure the obligations of the SPFC under one or more SPFC contracts with a counterparty, where investment risk to the holders of these securities is contingent upon the obligations of the SPFC to the counterparty under the SPFC contract in accordance with the transaction terms.
(9) 'Management' means the board of directors, managing board, or other individual or individuals vested with overall responsibility for the
(10) 'Organizational document' means the SPFC's Articles of Incorporation, Articles of Organization, Bylaws, Operating Agreement, or other foundational documents that establish the SPFC as a legal entity or prescribes its existence.
(11) 'Parent' means any corporation, limited liability company, partnership, or individual that directly or indirectly owns, controls, or holds with power to vote more than fifty percent of the outstanding voting securities of a SPFC.
(12) 'Permitted investments' means those investments that meet the qualifications pursuant to Section 38-90-530.
(13) 'Protected cell' means a separate account established and maintained by a SPFC for one SPFC contract and the accompanying insurance securitization with a counterparty as further provided for in Chapter 10 of this title.
(14) 'Qualified United States financial institution' means, for purposes of meeting the requirements of a trustee as specified in Section 38-90-530, a financial institution that is eligible to act as a fiduciary of a trust, and is:
(a) organized, or, in the case of a United States branch or agency office of a foreign banking organization, is licensed under the laws of the United States or any state of the United States; and
(b) regulated, supervised, and examined by federal or state authorities having regulatory authority over banks and trust companies.
(15) 'Securities' means those different types of debt obligations, equity, surplus certificates, surplus notes, funding agreements, derivatives, and other legal forms of financial instruments.
(16) 'Securities Commissioner' means the Attorney General of the State of South Carolina as provided in Title 35.
(17) 'SPFC' or 'Special Purpose Financial Captive' means a captive insurance company which has received a certificate of authority from the director for the limited purposes provided for in this article.
(18) 'SPFC contract' means a contract between the SPFC and the counterparty pursuant to which the SPFC agrees to provide insurance or reinsurance protection to the counterparty for risks associated with the counterparty's insurance or reinsurance business.
(19) 'SPFC securities' means the securities issued by a SPFC.
(20) 'Surplus note' means an unsecured subordinated debt obligation deemed to be a surplus certificate as described in Section 38-13-110(4)
Section 38-90-430. (A) No provisions of Title 38, other than those specifically referenced in this article, apply to a SPFC, and those provisions apply only as modified by this article. If a conflict occurs between a provision of Title 38 and a provision of this article, the latter controls.
(B) Sections 38-3-110 through 38-3-240, 38-5-130, 38-55-510 through 38-55-590, 38-57-200, and 38-90-175 apply to SPFC's.
(C) The director, by rule, regulation, or order, may exempt SPFC's, on a case by case basis, from provisions of this article that he determines to be inappropriate given the nature of the risks to be insured.
Section 38-90-440. (A) A SPFC, when permitted by its organizational documents, may apply to the director for a license to transact insurance or reinsurance business as authorized by this article. A SPFC only may insure or reinsure the risks of its counterparty. Notwithstanding another provision of this article, a SPFC may purchase reinsurance to cede the risks assumed under the SPFC contract as approved by the director.
(B) To transact business in this State a SPFC shall:
(1) obtain from the director a license authorizing it to conduct insurance or reinsurance business, or both, in this State;
(2) hold at least one management meeting each year in this State;
(3) maintain its principal place of business in this State; and
(4) appoint a resident registered agent to accept service of process and to otherwise act on its behalf in this State. If the registered agent, with reasonable diligence, is not found at the registered office of the SPFC, the director must be an agent of the SPFC upon whom any process, notice, or demand may be served.
(C)(1) Before receiving a license, a SPFC shall file with the director a certified copy of its organizational documents, a statement under oath of its president and secretary showing its financial condition, and any other statements or documents required by the director.
(2) In addition to the information required by item (1), an applicant SPFC shall file with the director evidence of:
(a) the amount and liquidity of its assets relative to the risks to be assumed;
(b) the adequacy of the expertise, experience, and character of the person or persons who manages it;
(c) the overall soundness of its plan of operation; and
(d) other factors considered relevant by the director in ascertaining whether the proposed SPFC is able to meet its policy obligations.
(3) In addition to the information required by items (1) and (2), and to the provisions of Section 38-90-480, if a protected cell is used, an applicant SPFC shall file with the director:
(a) a business plan demonstrating how the applicant accounts for the loss and expense experience of each protected cell at a level of detail found to be sufficient by the director, and how it reports the experience to the director;
(b) a statement acknowledging that all financial records of the SPFC, including records pertaining to any protected cells, must be made available for inspection or examination by the director;
(c) all contracts or sample contracts between the SPFC and any counterparty, related to each protected cell; and
(d) evidence that expenses are allocated to each protected cell in an equitable manner.
(4) Information submitted pursuant to this subsection is confidential and is subject to Section 38-90-610.
(D) Section 38-13-60 applies to examinations, investigations, and processing conducted pursuant to the authority of this article.
(E) In addition, a complete SPFC application must include the following:
(1) an affidavit from the applicant verifying that the prospective SPFC meets the provisions of this article;
(2) a representation from the applicant that the prospective SPFC will operate only pursuant to the provisions in this article;
(3) biographical affidavits in NAIC format of all of the prospective SPFC's officers and directors, providing their legal names, any names under which they have or are conducting their affairs, and any affiliations with other persons as defined in Chapter 21 of this title, together with other biographical information as the director may request;
(4) the source and form of the minimum capital to be contributed to the SPFC;
(5) a plan of operation, consisting of a description of the contemplated insurance securitization, the SPFC contract, and related transactions, which must include:
(a) draft documentation or, at the discretion of the director, a written summary of all material agreements that are entered into to
(b) the investment strategy of the SPFC and a representation from the applicant that the investment strategy complies with the investment provisions provided for in this article;
(c) a description of the underwriting, reporting, and claims payment methods by which losses covered by the SPFC contract are reported, accounted for, and settled;
(d) a representation from the applicant that the trust agreement, the trusts holding assets that secure the obligations of the SPFC under the SPFC contract, and the SPFC contract with the counterparty in connection with the contemplated insurance securitization is structured pursuant to the provisions in this article;
(e) a pro forma balance sheet and income statements illustrating various stress case scenarios for the performance of SPFC under the SPFC contract; and
(f) an affidavit from the applicant that the securities proposed to be issued are valid legal obligations that are either properly registered with the Securities Commissioner or constitute an exempt security or form part of an exempt transaction pursuant to Section 35-1-310 or 35-1-320.
(F)(1) A SPFC shall pay to the department a nonrefundable fee of two hundred dollars for processing its application for license. In addition, the director may retain legal, financial, and examination services from outside the department to examine and investigate the application, the reasonable cost of which may be charged against the applicant, or the director may use internal resources to examine and investigate the application for a fee of twelve thousand dollars, half of which is payable upon filing of the application and the remainder upon licensure.
(2) In addition, a SPFC also shall pay a license fee for the year of registration of three hundred dollars and an annual renewal fee of five hundred dollars.
(3) A SPFC shall pay an annual review fee of twenty-four hundred dollars or, if higher, the actual cost as determined by the director.
(G) The director may grant a license authorizing the SPFC to transact business as a SPFC in this State upon finding that:
(1) the proposed plan of operation provides a reasonable and expected successful operation;
(2) the terms of the SPFC contract and related transactions comply with this article;
(3) the proposed plan of operation is not hazardous to any counterparty; and
(4) the commissioner of the state of domicile of each counterparty has notified the director in writing or otherwise provided assurance satisfactory to the director that it has approved or nondisapproved the transaction.
(5) the director may grant a license authorizing the SPFC to do insurance or reinsurance business in this State until March first at which time the license may be renewed.
(6) the certificate of authority authorizing the SPFC to transact business is limited only to the insurance or reinsurance activities that the SPFC is allowed to conduct pursuant to this article.
(7) the SPFC shall provide a complete set of the documentation of the insurance securitization to the director upon closing of the transactions, including an opinion of legal counsel with respect to compliance with this article and any other applicable laws as of the effective date of the transaction.
(8) in evaluating the expectation of a successful operation, the director shall consider, among other factors, whether the proposed SPFC, and its management are of known good character and reasonably believed not to be affiliated, directly or indirectly, through ownership, control, management, reinsurance transactions, or other insurance or business relations, with a person known to have been involved in the improper manipulation of assets, accounts, or reinsurance.
(H) A foreign or alien corporation or limited liability company, upon approval of the director, may become a domestic SPFC by complying with all of the provisions of this article and by filing with the Secretary of State its organizational documents, together with appropriate amendments to it, as may be adopted pursuant to the provisions of this article to bring these organizational documents into compliance with this article. After this is accomplished, the foreign or alien corporation or limited liability company is entitled to the necessary or appropriate certificates or licenses to transact business as a SPFC in this State and is subject to the authority and jurisdiction of this State. In connection with this redomestication, the director may waive any requirements for public hearings. It is not necessary for a corporation or limited liability company redomesticating into this State
Section 38-90-450. (A) A SPFC may be established as a stock corporation, limited liability company, mutual, partnership, or other form of organization approved by the director.
(B) The SPFC's organizational documents must limit the SPFC's authority to transact the business of insurance or reinsurance to those activities the SPFC conducts to accomplish its purpose as expressed in this article.
(C) The SPFC may not adopt a name that is the same as, deceptively similar to, or likely to be confused with or mistaken for another existing business name registered in this State.
(D) A SPFC may not have fewer than three incorporators or organizers of whom not fewer than two must be residents of this State.
(E) Before transmitting its organizational documents to the Secretary of State, the incorporators or organizers shall petition the director to issue a certificate setting forth a finding that the establishment and maintenance of the proposed SPFC promotes the general good of the State. In arriving at this finding the director shall consider:
(1) the character, reputation, financial standing, and purposes of the incorporators or organizers;
(2) the character, reputation, financial responsibility, insurance experience, and business qualifications of the officers, directors, partners, members, manager, or organizers, as applicable;
(3) other aspects as the director considers advisable.
(F) The organizational documents, the certificate issued pursuant to subsection (E), and the required organization fees must be transmitted to the Secretary of State, who shall record the relevant organizational documents.
(G) The capital stock of a SPFC incorporated as a stock insurer must be issued at not less than par value.
(H) At least one of the members of the management of the SPFC must be a resident of this State.
(I) A SPFC formed pursuant to the provisions of this article has the privileges of and is subject to the provisions of the 1976 Code, applicable to its formation, as well as the applicable provisions contained in this article. If a conflict occurs between a provision of the applicable law and a provision of this article, the latter controls. Nothing contained in this provision with respect to a SPFC shall
Section 38-90-460. (A) A SPFC initially shall possess and after that maintain minimum capitalization of not less than two hundred and fifty thousand dollars. All of the minimum initial capitalization must be in cash. All other funds of the SPFC in excess of its minimum initial capitalization must be in the form of cash, cash equivalent, or securities invested as provided in Section 38-90-530 and approved by the director.
(B) Additional capitalization for the SPFC must be determined, if so required, by the director after giving due consideration to the SPFC's business plan, feasibility study, pro-formas, and the nature of the risks being insured or reinsured, which may be prescribed in formulas approved by the director.
Section 38-90-470. (A) A SPFC may insure only the risks of a counterparty.
(B) A SPFC may not issue a contract for assumption of risk or indemnification of loss other than a SPFC contract. However, the SPFC may cede risks assumed through a SPFC contract to third party reinsurers through the purchase of reinsurance or retrocession protection on terms approved by the director.
(C) A SPFC may enter into contracts and conduct other commercial activities related or incidental to and necessary to fulfill the purposes of the SPFC contract, insurance securitization, and this article. Those activities may include, but are not limited to: entering into SPFC contracts; issuing securities of the SPFC in accordance with applicable securities law; complying with the terms of these contract or securities; entering into trust, swap, tax, administration, reimbursement, or fiscal agent transactions; or complying with trust indenture, reinsurance, or retrocession, and other agreements necessary or incidental to effectuate an insurance securitization in compliance with this article or the plan of operation approved by the director.
(D)(1) A SPFC may discount its reserves at discount rates as approved by the director.
(2) A SPFC shall file annually an actuarial opinion on reserves provided by an approved independent actuary.
Section 38-90-480. (A) A SPFC may establish and maintain one or more protected cells to insure or reinsure risks of one or more SPFC contracts with a counterparty, subject to the following conditions:
(1) each protected cell must be accounted for separately on the books and records of the SPFC to reflect the financial condition and
(2) the assets of a protected cell must not be chargeable with liabilities arising out of another SPFC contract the SPFC may enter into with the counterparty;
(3) a sale, an exchange, or another transfer of assets may not be made by the SPFC between or among any of its protected cells without the consent of the director and each protected cell;
(4) except as otherwise contemplated in the SPFC contract and related transaction documents, a sale, an exchange, a transfer of assets, a dividend, or a distribution may not be made from a protected cell to a counterparty without the director's approval and may not be approved if the sale, exchange, transfer, dividend, or distribution would result in insolvency or impairment with respect to a protected cell;
(5) a SPFC annually shall file with the director financial reports the director requires, which must include, but are not limited to, accounting statements detailing the financial experience of each protected cell;
(6) a SPFC shall notify the director in writing within ten business days of a protected cell that is insolvent or otherwise unable to meet its claims payment or expense obligations;
(7) a SPFC contract with a protected cell does not take effect without the director's prior written approval, and the addition of each new protected cell constitutes a change in the business plan requiring the director's prior written approval. The director may retain legal, financial, and examination services from outside the department to examine and investigate the application for a protected cell, the reasonable cost of which may be charged against the applicant, or the director may use internal resources to examine and investigate the application the reasonable cost of which may be charged against the applicant up to a maximum of twelve thousand dollars.
(B) This section is adopted to provide a basis for the creation of protected cells by a SPFC as one means of accessing alternative sources of capital, lowering formation and administrative expenses, and achieving the benefits of insurance securitization. The creation of protected cells is intended to be a means to achieve more efficiencies in conducting insurance securitizations.
Section 38-90-490. (A) A SPFC may issue securities, including surplus notes and other forms of financial instruments, subject to and in
(B) A SPFC, in connection with the issuance of securities, may enter into and perform all of its obligations under any required contracts to facilitate the issuance of these securities.
(C) Subject to the approval of the director, a SPFC may lawfully:
(1) account for the proceeds of surplus notes as surplus and not as debt for purposes of statutory accounting;
(2) submit for prior approval of the director periodic written requests for payments of interest on and repayments of principal of surplus notes.
(D) Surplus notes issued by a SPFC constitutes surplus or contribution notes of the type described at Section 38-27-610(9).
(E) The director, without otherwise prejudicing the director's authority, may approve formulas for an ongoing plan of interest payments or principal repayments, or both, to provide guidance in connection with his ongoing reviews of requests to approve the payments on and principal repayments of the surplus notes.
(F) The obligation to repay principal or interest, or both, on the securities issued by the SPFC must reflect the risk associated with the obligations of the SPFC to the counterparty under the SPFC contract.
Section 38-90-500. A SPFC may enter into swap agreements, or other forms of asset management agreements, including guaranteed investment contracts, or other transactions that have the objective of leveling timing differences in funding of up-front or ongoing transaction expenses or managing asset, credit, or interest rate risk of the investments in the trust to ensure that the investments are sufficient to assure payment or repayment of the securities, and related interest or principal payments, issued pursuant to a SPFC insurance securitization transaction or the obligations of the SPFC under the SPFC contract.
Section 38-90-510. A SPFC, at any given time, may enter into and effectuate a SPFC contract with a counterparty, provided that the SPFC contract obligates the SPFC to indemnify the counterparty for losses and that contingent obligations of the SPFC under the SPFC contract are securitized through a SPFC insurance securitization and are funded and secured with assets held in trust for the benefit of the counterparty pursuant to the provisions of this article pursuant to agreements contemplated by this article and invested in a manner that meet the criteria as provided in Section 38-90-530.
(B) A SPFC may enter into agreements with affiliated companies and third parties and conduct business necessary to fulfill its
(C) A SPFC contract must contain provisions that:
(1) require the SPFC to enter into a trust agreement specifying what recoverables or reserves, or both, the agreement is to cover and to establish a trust account for the benefit of the counterparty;
(2) stipulate that assets deposited in the trust account must be valued according to their current fair value and must consist only of permitted investments;
(3) require the SPFC, before depositing assets with the trustee, to execute assignments, endorsements in blank, or to transfer legal title to the trustee of all shares, obligations, or any other assets requiring assignments, in order that the counterparty, or the trustee upon the direction of the counterparty, may negotiate whenever necessary the assets without consent or signature from the SPFC or another entity;
(4) require that all settlements of account between the counterparty and the SPFC be made in cash or its equivalent; and
(5) stipulate that the SPFC and the counterparty agree that the assets in the trust account, established pursuant to the provisions of the SPFC contract, may be withdrawn by the counterparty at any time, notwithstanding any other provisions in the SPFC contract, and must be utilized and applied by the counterparty or any successor by operation of law of the counterparty, including, subject to the provisions of Section 38-90-600, but without further limitation, any liquidator, rehabilitator, receiver, or conservator of the counterparty, without diminution because of insolvency on the part of the counterparty or the SPFC, only for the following purposes:
(a) to transfer all of the assets into one or more trust accounts for the benefit of the counterparty pursuant to and in accordance with the terms of the SPFC contract and in compliance with the provisions of this article; and
(b) to pay any other incurred and paid amounts that the counterparty claims are due pursuant to and under the terms of the SPFC contract and in compliance with this article.
(D)(1) The SPFC contract may contain provisions that give the SPFC the right to seek approval from the counterparty to withdraw
(a) at the time of the withdrawal, the SPFC shall replace the withdrawn assets, excluding any income withdrawn, with other qualified assets having a fair value equal to the fair value of the assets withdrawn and that meet the provisions of Section 38-90-530; and
(b) after the withdrawals and transfer, the fair value of the assets in trust securing the obligations of the SPFC under the SPFC contract is no less than an amount needed to satisfy the funded requirement of the SPFC contract.
(2) The counterparty must be the sole judge as to the application of these provisions but may not unreasonably nor arbitrarily withhold its approval.
Section 38-90-520. In fulfilling its function, the SPFC shall adhere to the following requirements and, to the extent of its powers, shall ensure that contracts obligating other parties to perform certain functions incident to its operations are substantively and materially consistent with the following requirements and guidelines:
(1) The assets of a SPFC must be preserved and administered by or on behalf of the SPFC to satisfy the liabilities and obligations of the SPFC incident to the insurance securitization and other related agreements.
(2) Assets held by a SPFC in trust must be valued at their fair value.
(3) The proceeds from the sale of securities pursuant to the insurance securitization must be deposited with the trustee to the extent required to secure its obligations under the SPFC contract as provided by this article and must be held or invested by the trustee pursuant to the provisions of Section 38-90-530 and the asset management agreement, if any, filed with the department.
(4) Assets of the SPFC, other than those held in trust for the counterparty, and income on trust assets received by the SPFC may be used to pay interest or other consideration on any securities or outstanding debt or other obligation of the SPFC, and nothing in this article may be construed or interpreted to prevent a SPFC from entering into a swap agreement or other asset management transaction that has the effect of hedging or guaranteeing the fixed or floating interest rate returns paid on the assets in trust or required for the securities issued by the SPFC generated from or other consideration or payment flows in the transaction.
(5) In the SPFC insurance securitization, the contracts or other relating documentation must contain provisions identifying the SPFC.
(6) Unless otherwise approved by the director, a SPFC may not:
(a) issue or otherwise administer primary insurance policies;
(b) enter into a SPFC contract with a person that is not licensed or otherwise authorized to transact the business of insurance or reinsurance in at least its state or country of domicile;
(c) assume or retain exposure to insurance or reinsurance losses for its own account that is not funded by proceeds from a SPFC securitization that meets the provisions of this article. However, the SPFC may wholly or partially reinsure or retrocede the risks assumed to a third party reinsurer on terms approved by the director.
(7) A SPFC may not:
(a) have any direct obligation to the policyholders or reinsureds of the counterparty;
(b) lend or otherwise invest, or place in custody, trust, or under management any of its assets with, or to borrow money or receive a loan from, other than by issuance of the securities pursuant to an insurance securitization, or advance from, anyone convicted of a felony, anyone who is untrustworthy or of known bad character, or anyone convicted of a criminal offense involving the conversion or misappropriation of fiduciary funds or insurance accounts, theft, deceit, fraud, misrepresentation, or corruption.
Section 38-90-530. (A) Assets of the SPFC held in trust to secure obligations under the SPFC contract must at all times be held in:
(1) cash and cash equivalents;
(2) securities listed by the securities Valuation Office of the NAIC and qualifying as admitted assets under statutory accounting convention in its state of domicile; or
(3) another form of security acceptable to the director.
(B) Assets of the SPFC that are pledged to secure obligations of the SPFC to a counterparty under a SPFC contract must be held in trust and administered by a qualified United States financial institution. The qualified United States financial institution does not control, is not controlled by, or is not under common control with, the SPFC or the counterparty.
(C) The agreement governing this trust must create one or more trust accounts into which all pledged assets must be deposited and held until distributed in accordance with the trust agreement. The pledged assets must be held by the trustee at one of the trustee's offices or
(D) The provisions for withdrawal by the counterparty of assets from the trust must be clean and unconditional, subject only to the following requirements:
(1) the counterparty has the right to withdraw assets from the trust account at any time, without notice to the SPFC, subject only to written notice to the trustee from the counterparty that funds in the amount requested are due and payable by the SPFC, pursuant to the terms of the SPFC contract.
(2) a statement or document does not need to be presented in order to withdraw assets, except the counterparty may be required to acknowledge receipt of withdrawn assets;
(3) the trust agreement must indicate that it is not subject to any conditions or qualifications outside of the trust agreement;
(4) the trust agreement must not contain references to any other agreements or documents.
(E) The trust agreement must be established for the sole use and benefit of the counterparty at least to the full extent of the obligations of the SPFC to the counterparty under the SPFC contract. If there is more than one counterparty, or more than one SPFC contract with the same counterparty, a separate trust agreement must be entered into with the counterparty and a separate trust account must be maintained for each SPFC contract with the counterparty, unless otherwise approved by the director.
(F) The trust agreement must provide for the trustee to:
(1) receive assets and hold all assets in a safe place;
(2) determine that all assets are in a form that the counterparty or the trustee, upon direction by the counterparty, may negotiate, whenever necessary, the assets, without consent or signature from the SPFC or another person or entity;
(3) furnish to the SPFC, the director, and the counterparty a statement of all assets in the trust account reported at fair value upon its inception and at intervals no less frequent than the end of each calendar quarter;
(4) notify the SPFC and the counterparty, within ten days, of any deposits to or withdrawals from the trust account;
(5) upon written demand of the counterparty, immediately take the necessary steps to transfer absolutely and unequivocally all right, title, and interest in the assets held in the trust account to the
(6) allow no substitutions or withdrawals of assets from the trust account, except pursuant to the trust agreement or SPFC contract, or as otherwise permitted by the counterparty.
(G) The trust agreement must provide that at least thirty days, but not more than forty-five days, before termination of the trust account, written notification of termination must be delivered by the trustee to the counterparty with a copy of the notice provided to the director.
(H) In addition to the requirements for the trust as provided in this article, the trust agreement may be made subject to and governed by the laws of any state. The state must be disclosed in the plan of operation filed with and approved by the director.
(I) The trust agreement must prohibit invasion of the trust corpus for the purpose of paying compensation to, or reimbursing the expenses of, the trustee.
(J) The trust agreement must provide that the trustee must be liable for its own negligence, wilful misconduct, or lack of good faith.
(K)(1) Notwithstanding the provisions of subsection (D)(3) and (4), or of Section 38-90-755(C)(5), when a trust agreement is established in conjunction with a SPFC contract, then the trust agreement or SPFC contract, or both, may provide that the counterparty shall undertake to use and apply any amounts drawn upon the trust account, without diminution because of the insolvency of the counterparty or the SPFC, only for one or more of the following purposes:
(a) to pay or reimburse the counterparty for payment of the SPFC's share of premiums to be returned to owners of counterparty's policies covered under the SPFC contract on account of cancellations of the policies under the counterparties policies;
(b) to pay or reimburse the counterparty for payment of the SPFC's share of surrenders, benefits, losses, or other benefits covered and payable pursuant to the provisions of the SPFC contract;
(c) to fund an account with the counterparty in an amount to secure the credit or reduction from liability for reinsurance coverage provided under the SPFC contract; or
(d) to pay any other amounts the counterparty claims are legally and properly due under the SPFC contract.
(2) Any assets deposited into an account of the counterparty pursuant to subitem (c) of item (1) or withdrawn by the counterparty pursuant to subitem (d) of item (1) and any interest or other earnings on them, must be held by the counterparty in trust and separate and apart
(3) The counterparty shall return to the SPFC amounts withdrawn under subitems (a) through (d) of item (1) in excess of actual amounts required under subitems (a) through (c) of item (1), and in excess of the amounts subsequently determined to be due under subitem (d) of item (1), plus interest at a rate not in excess of the prime rate for the amounts held pursuant to subitem (c) of item (1) unless a higher rate of interest has been awarded by a panel of arbitration, and any net costs or expenses, including attorneys' fees, awarded by a panel of arbitration.
(4) If the counterparty has received notification of termination of the trust account, and where the SPFC's entire obligations secured under the specific SPFC contract remain unliquidated and undischarged ten days before the termination date, to withdraw amounts equal to the obligations and deposit the amounts in a separate account, in the name of the counterparty, in a qualified United States financial institution, separate and apart from the counterparty's general assets, to the extent the obligations or liabilities have not been funded by the SPFC, in trust only for those uses and purposes specified in subitem (a) of item (1) as may remain executory after the withdrawal and for any period after the termination date until discharged.
Section 38-90-540. (A) A SPFC may not declare or pay dividends in any form to its owners other than in accordance with the insurance securitization transaction agreements, and in no extent shall the dividends decrease the capital of the SPFC below two hundred fifty thousand dollars, and, after giving effect to the dividends, the assets of the SPFC, including assets held in trust pursuant to the terms of the insurance securitization, must be sufficient to satisfy the director that it can meet its obligations. Approval by the director of an ongoing plan for the payment of dividends or other distribution by a SPFC must be conditioned upon the retention, at the time of each payment, of capital or surplus equal to or in excess of amounts specified by, or determined in accordance with formulas approved for the SPFC by the director.
(B) The dividends may be declared by the management of the SPFC if the dividends do not violate the provisions of this article or jeopardize the fulfillment of the obligations of the SPFC or the trustee pursuant to the SPFC insurance securitization agreements, the SPFC contract, or any related transaction and other provisions of this article.
Section 38-90-550. (A) Any material change of the SPFC's plan of operation pursuant to the provisions of Section 38-90-440(E)(5), whether or not through a SPFC protected cell, shall require prior approval of the director, provided however:
(1) if initially approved in the plan of operation, securities subsequently issued to continue the securitization activities of the SPFC either during or after expiration, redemption, or satisfaction, of all of these, of part or all of the securities issued pursuant to initial insurance securitization transactions may not be considered a material change; or
(2) a change and substitution in a counterparty to a swap transaction for an existing insurance securitization as allowed pursuant to the provisions of this article may not be considered a material change if the replacement swap counterparty carries a similar or higher rating to its predecessor with two or more nationally recognized rating agencies, or both.
(B) No later than five months after the fiscal year end of the SPFC, the SPFC shall file with the director an audit by a certified public accounting firm of the financial statements of the SPFC and the trust accounts.
(C) Each SPFC shall file by March first, a statement of operations, using either generally accepted accounting principles or, if requested by the director, statutory accounting principles with useful or necessary modifications or adaptations required or approved or accepted by the director for the type of insurance and kinds of insurers to be reported upon, and as supplemented by additional information required by the director. The statement of operations must include a statement of income, a balance sheet, and may include a detailed listing of invested assets, including identification of assets held in trust to secure the obligations of the SPFC under the SPFC contract. The SPFC also may include with the filing risk based capital calculations and other adjusted capital calculations to assist the director with evaluating the levels of the surplus of the SPFC for the year ending on December thirty-first of the previous year. The statements must be prepared on forms required by the director. In addition the director may require the filing of performance assessments of the SPFC contract.
(D) A SPFC shall maintain its records in this State and shall make its records available for examination by the director at any time. The SPFC shall keep its books and records in such manner that its financial condition, affairs, and operations can be ascertained and so that the
(E) All original books, records, documents, accounts, and vouchers must be preserved and kept available in this State for the purpose of examination and until authority to destroy or otherwise dispose of the records is secured from the director. The original records, however, may be kept and maintained outside this State if, according to a plan adopted by the management of the SPFC and approved by the director, it maintains suitable records instead of it. The books or records may be photographed, reproduced on film, or stored and reproduced electronically.
(F) Nothing contained in this section with respect to a SPFC shall abrogate, limit, or rescind in any way the authority of the Securities Commissioner pursuant to the provisions of Title 35.
Section 38-90-560. (A) At least once every three years, and if the director determines it to be prudent, the director, or his designee, shall visit each SPFC and thoroughly inspect and examine its affairs to ascertain its financial condition, its ability to fulfill its obligations, and whether it has complied with this article. The director upon application, in his discretion, may enlarge the three-year period to five years, if a SPFC is subject to a comprehensive annual audit during that period of a scope satisfactory to the director by independent auditors approved by the director. The expenses and charges of the examination must be paid to the State by the company or companies examined, and the department shall issue its warrants for the proper charges incurred in all examinations.
(B) All examination reports, preliminary examination reports or results, working papers, recorded information, documents, and copies of documents produced by, obtained by, or disclosed to the director or any other person in the course of an examination made pursuant to the provisions of this section are confidential and are not subject to subpoena and may not be made public by the director or an employee or agent of the director without the written consent of the company, except to the extent provided in this subsection. Nothing in this subsection prevents the director from using this information in furtherance of the director's regulatory authority as provided by the provisions of this title. The director may grant access to this information to public officers having jurisdiction over the regulation of insurance in another state or country, or to law enforcement officers of this State, including the Securities Commissioner, or another state or agency of the federal government at any time, if the officers receiving
Section 38-90-570. (A) At the cessation of business of a SPFC following termination or cancellation of a SPFC contract and the redemption of any related securities issued in connection with them, the authority granted by the director expires or, in the case of retiring and surviving protected cells, be modified, and the SPFC is no longer authorized to conduct activities unless and until a new or modified license is issued pursuant to a new filing pursuant to the provisions of Section 38-90-440 or as agreed by the director.
(B) The director may suspend or revoke the license of a SPFC in this State for:
(1) insolvency;
(2) failure to meet the provisions of Sections 38-90-460 or 38-90-580;
(3) use of methods that, although not otherwise specifically prohibited by law, nevertheless render its operation detrimental or its condition unsound with respect to the public, the holders of the securities, or policyholders of the SPFC; or
(4) failure to otherwise to comply in any material respect with applicable laws of this State.
(C) If the director finds, upon examination or other evidence, that a SPFC has committed any of the acts specified in subsection (B), the director may impose the penalties provided in Section 38-2-10 if the director considers it in the best interest of the public, the holders of the securities, and the policyholders of the SPFC.
(D) Unless the grounds for suspension or revocation relate only to the financial condition or soundness of the SPFC or to a deficiency in its assets, the director shall notify the SPFC not less than thirty days before revoking its authority to do business in this State and specify in the notice the particulars of the alleged violation of the law or its organizational documents or grounds for revocation and a proper opportunity must be offered the SPFC to be heard before the Administrative Law Judge Division.
Section 38-90-580. (A) A SPFC shall pay to the department by March first of each year, a tax at the rate of four-tenths of one percent on the first twenty million dollars and three-tenths of one percent on each dollar after that, subject to a minimum annual tax of five thousand dollars and a maximum annual tax of one hundred thousand dollars. Taxes are based upon the direct premiums written or contracted for on policies or contracts of insurance, other than reinsurance policies or
(B) A SPFC shall pay to the department by March first of each year, a tax at the rate of two hundred and twenty-five thousandths of one percent on the first twenty million dollars of assumed reinsurance premium, and one hundred fifty thousandths of one percent on the next twenty million dollars, and fifty thousandths of one percent on the next twenty million dollars, and twenty-five thousandths of one percent of each dollar after that, subject to a minimum annual tax of five thousand dollars and a maximum annual tax of one hundred thousand dollars. However, no reinsurance tax applies to premiums for risks or portions of risks which are subject to taxation on a direct basis, pursuant to subsection (A). A premium tax is not payable in connection with the receipt of assets in exchange for the assumption of loss reserves and other liabilities of another insurer under common ownership and control if the transaction is part of a plan to discontinue the operations of the other insurer and if the intent of the parties to the transaction is to renew or maintain business with the SPFC.
(C) Each protected cell of the SPFC must be taxed as if it is a separate and distinct SPFC.
(D) The tax provided in this section is the only tax collectible pursuant to the laws of this State from a SPFC and no other tax or occupation tax, nor any other taxes may be levied or collected from a SPFC by the State or a county, city, or municipality within this State, except ad valorem taxes on real and personal property used in the production of income.
Section 38-90-590. A SPFC contract meeting the provisions of this article must be granted credit for reinsurance treatment or otherwise qualifies as an asset or a reduction from liability for reinsurance ceded by a domestic insurer to a SPFC as an assuming insurer pursuant to the provisions of Section 38-9-210 for the benefit of the counterparty, provided and only to the extent:
(1) of the fair value of the assets held in trust for, or irrevocable letters of credit issued by a bank chartered by this State or a member bank of the Federal Reserve System or as approved by the director, for the benefit of the counterparty under the SPFC contract;
(2) the assets are held in trust pursuant to the provisions of this article;
(3) the assets are administered in the manner and pursuant to arrangements as provided in this article; and
(4) the assets are held or invested in one or more of the forms allowed in Section 38-90-530.
Section 38-90-600. (A)(1) Notwithstanding the provisions of Chapter 27, Title 38, the director may apply by petition to the circuit court for an order authorizing the director to conserve, rehabilitate, or liquidate a SPFC domiciled in this State on one or more of the following grounds:
(a) there has been embezzlement, wrongful sequestration, dissipation, or diversion of the assets of the SPFC intended to be used to pay amounts owed to the counterparty or the holders of SPFC securities; or
(b) the SPFC is insolvent and the holders of a majority in outstanding principal amount of each class of SPFC securities request or consent to conservation, rehabilitation, or liquidation pursuant to the provisions this article.
(2) The court may not grant relief provided by subitem (a) of item (1) unless, after notice and a hearing, the director, who must have the burden of proof, establishes by clear and convincing evidence that relief must be granted.
(B) Notwithstanding another provision in this title, regulations promulgated under this title, or another applicable law or regulation, upon any order of conservation, rehabilitation, or liquidation of a SPFC, the receiver shall manage the assets and liabilities of the SPFC pursuant to the provisions of this article.
(C) With respect to amounts recoverable under a SPFC contract, the amount recoverable by the receiver must not be reduced or diminished as a result of the entry of an order of conservation, rehabilitation, or liquidation with respect to the counterparty, notwithstanding another provision in the contracts or other documentation governing the SPFC insurance securitization.
(1) Notwithstanding the provisions of Chapter 27 of this title, an application or petition, or a temporary restraining order or injunction issued pursuant to the provisions of Chapter 27 of this title, with respect to a counterparty does not prohibit the transaction of a business by a SPFC, including any payment by a SPFC made pursuant to a SPFC security, or any action or proceeding against a SPFC or its assets.
(2) Notwithstanding the provisions of Chapter 27 of this title, the commencement of a summary proceeding or other interim proceeding commenced before a formal delinquency proceeding with
(D) Notwithstanding the provisions of Chapter 27 of this title or other laws of this State:
(1) a receiver of a counterparty may not void a nonfraudulent transfer by a counterparty to a SPFC of money or other property made pursuant to a SPFC contract; and
(2) a receiver of a SPFC may not void a nonfraudulent transfer by the SPFC of money or other property made to a counterparty pursuant to a SPFC contract or made to or for the benefit of any holder of a SPFC security on account of the SPFC security.
(E) With the exception of the fulfillment of the obligations under a SPFC contract, and notwithstanding another provision of this article or other laws of this State, the assets of a SPFC, including assets held in trust, must not be consolidated with or included in the estate of a counterparty in any delinquency proceeding against the counterparty pursuant to the provisions of this article for any purpose including, without limitation, distribution to creditors of the counterparty.
Section 38-90-610. Information submitted pursuant to the provisions of this article is confidential and may not be made public by the director or an agent or employee of the director without the prior written consent of the SPFC, except that:
(1) information submitted pursuant to the provisions of this article is discoverable by a party in a civil action or contested case to which the submitting SPFC is a party, upon a specific finding by the court that:
(a) the SPFC is a necessary party to the action and not joined only for the purposes of evading the confidentiality provisions of this article;
(b) the party seeking the information demonstrates by a clear and convincing standard that the information sought is relevant, material to, and necessary for the prosecution or defense of the claim asserted in the action; and
(c) the information sought is unavailable from other nonconfidential sources.
(2) The director may disclose the information to the public officer having jurisdiction over the regulation of insurance in another State if:
(a) the public official agrees in writing to maintain the confidentiality of the information; and
(b) the laws of the State in which the public official serves require the information to be confidential.
(3) The director may disclose the information to the Securities Commissioner if he:
(a) agrees in writing to maintain the confidentiality of the information; and
(b) is authorized under applicable securities law to request the information or the director is obligated to disclose the information.
Section 38-90-620. (A) A contested case brought by a third party based on a decision of the director pursuant to this article is governed by applicable civil law except that, the aggrieved party shall:
(1) prove the appeal by a clear and convincing evidence standard;
(2) demonstrate irreparable harm;
(3) not have another adequate remedy at law; and
(4) post a bond of sufficient surety to protect the interests of the holders of the SPFC securities and policyholders but in not less than fifteen percent of the total amount of the securitized transaction.
(B) If the director decides to reverse, amend, or modify a license issued to a SPFC or the order issued in connection with them for a reason other than that specified in Section 38-90-570(B), the director shall meet the standards and criteria provided in subsection (A).
Section 38-90-630. The director may promulgate regulations necessary to effectuate the purposes of this article. Regulations promulgated pursuant to this section do not affect a SPFC insurance securitization in effect at the time of the promulgation."
SECTION 29. Nothing contained in this chapter with respect to a SPFC shall abrogate, limit, or rescind in any way the authority of the Attorney General pursuant to the provisions of Title 35 of the 1976 Code.
SECTION 30. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION 31. Section 38-90-170 of the 1976 Code is repealed.
SECTION 32. Except as otherwise provided in this act, this act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
Senator THOMAS explained the committee amendment.
The committee amendment was adopted.
On motion of Senator MOORE, the Bill was carried over, as amended.
At 7:46 P.M., on motion of Senator McCONNELL, the Senate receded from business not to exceed five minutes.
At 8:15 P.M., the Senate resumed.
Senator McCONNELL asked unanimous consent to make a motion pursuant to Rule 15C that a time certain be set on the entire matter in Interrupted Debate, H. 3080, at 1:00 P.M. on Tuesday, June 1, 2004; that the Clerk be prohibited from receiving any amendments, other than technical or correcting amendments, after 11:30 A.M. on Tuesday, June 1, 2004; and further, that any amendments offered to H. 3080 be limited to matters dealing directly with telecommunications; and further, when the time certain arrives that the Senate proceed to a consideration of the amendments on the Desk and debate be limited to ten minutes equally divided between proponents and opponents.
There was no objection and the motion was adopted.
On motion of Senators KNOTTS, ALEXANDER, ANDERSON, BRANTON, COURSON, CROMER, DRUMMOND, ELLIOTT, FAIR, FORD, GIESE, GLOVER, GREGORY, GROOMS, HAWKINS, HAYES, HUTTO, JACKSON, KUHN, LAND, LEATHERMAN, LEVENTIS, MALLOY, MARTIN, MATTHEWS, McCONNELL, McGILL, MESCHER, MOORE, O'DELL, PATTERSON, PEELER, PINCKNEY, RANKIN, RAVENEL, REESE, RICHARDSON, RITCHIE, RYBERG, SETZLER, SHEHEEN, SHORT, J. VERNE SMITH, THOMAS, VERDIN and WALDREP, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mrs. Juanita Agnes Dixon Knotts of West Columbia, S.C., stepmother of Senator Knotts.
Senator McCONNELL moved that, when the Senate adjourns on Friday, May 28, 2004, it stand adjourned to meet next Tuesday, June 1, 2004, at 11:00 A.M., which motion was adopted.
At 8:26 P.M., on motion of Senator McCONNELL, the Senate adjourned to meet tomorrow at 11:00 A.M. under the provisions of Rule 1 for the purpose of taking up local matters and uncontested matters which have previously received unanimous consent to be taken up.
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